Securing Copyright Protection: The Importance of Doing Your Research

If you want to apply for copyright protection, you need to conduct a copyright search. This article explains how you should conduct a search if you want to be thorough and protect yourself from an infringement lawsuit.

Find out more about Copyrights

Trustpilot star rating bar
securing copyright protection the importance of doing your research

Contents

Updated on: March 13, 2023
Read time: 3 min

A copyright protects original and tangible creative works. This includes photos, books, drawings, movie scripts, computer software programs, songs, and many other creative works. As the copyright owner, you have the exclusive right to use that work.

Securing Copyright Protection: The Importance of Doing Your Research

If you use someone else's copyrighted work, without their permission, you could be facing fines and, in some cases, criminal charges. This is why conducting a thorough copyright search is essential for any business.

Not all works are eligible for the protection that copyright registration provides. Specifically, you cannot copyright ideas, names, ingredients, facts, phrases, concepts, processes, or discoveries. So, before you get started on your search, you should evaluate whether or not what you wish to protect or use can even be protected under the law.

Conducting a copyright search is an important part of the copyright registration process.

Registered copyrights

You can start your search for an existing copyright by heading to your local library and obtaining a physical copy of the Catalog of Copyright Entries (CCE) or accessing the microfiche version. The physical versions of the CCE only document records before 1982. For anything more recent than that, which you would want to check as well, you can access the online database. You want to check both versions to cover all of your bases.

There are limits to this approach, as records of ownership rights are not recorded. This means that you may calculate that a copyright has expired, to later find out that the rights had been transferred or renewed, and the copyright is still protected.

Alternatively, you can go, in person, to the U.S. Copyright Office, located in the Library of Congress in Washington, D.C. The staff can help you find the records you need and also explain the procedures for searching.

If you want them to do the search for you and provide a report of the findings, there is an hourly fee involved.

Unregistered copyrights

Copyright protection is effective as soon as an original work is created and put down in tangible form. Registration is not required. This means that any search conducted with the Copyright Office will not be conclusive. A work can exist but not have been registered. (Always remember that there are benefits to registering a copyright.)

For unregistered copyrights, you could search the Performing Rights Organizations (PRO) and Reproduction Rights Organizations (RRO) databases. Copyright owners use these organizations to collect royalties for their works. This means they will have lists. While these databases are intended to be used to identify a copyright owner to license their copyrighted work or to hire them to create something, you can use this information to determine whether or not an unregistered copyright, that you did not find in your Copyright Office search, already exists.

If your research results in proof that someone else already has a copyright for a work that you wanted to produce, there is a solution.

You are allowed to make a new claim if you make substantial and creative changes. If you submit a new application with only minor changes, it will be rejected, as it would be considered a derivative work of the original. For example, the Copyright Office would consider mere spelling changes to be a derivative work.

Additionally, if the work is in the public domain, anyone can use the work without permission. When a copyright expires or when a work is created by a federal government employee, the work goes into the public domain. This means that anyone can use the work in any way that they wish.

Whether you have a creative business idea that you want to create and protect, or you want to locate the owner of a copyright that you wish to use in your business, conducting a copyright search should always be part of your process.

Find out more about CopyrightsStart Now
Twitter logoFacebook logoLinkedIn logoReddit logo

This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

52 days ago
Trustpilot star rating bar

Obtaining a Copyright

I had some questions about copyright, and he answered all of them. He was pleasant to talk to very professional. I was very pleased. I've been using legalzoom for many years, and I love you guys. Thank you.

NORINA PURRO
53 days ago
Trustpilot star rating bar

Happy customer

Ms. Green, was very helpful in assisting me step-by-step in guiding through the process in getting my copyright application. She was patient and very polite. She offered to follow-up on my completed, make sure the process was successful.

Ayesha
59 days ago
Trustpilot star rating bar

Superior Customer Service

Superior customer service and expertise from Patti Green. I have a urgent need for an attorney consultation regarding state level copyright law. Ms. Green quickly and seamlessly steered me to the plan which affords this service. The consult was immediately scheduled for the next day. To say the least, this experience was exemplary.

Guy Hampson
64 days ago
Trustpilot star rating bar

Copyright registration

Karen helped me immensely during my copyright registration. Very patient. Carrie was alos very good over there.

rjparadee
108 days ago
Trustpilot star rating bar

So far whenever I have tried to work…

So far whenever I have tried to work with Legal Zoom it has been a great experience. Both Holly and Denise have helped to make my tour of the legal process for a copyright excellent and I now have my copyright in my hands. I might add that I am amazed I got it under the oligarchy at all after doge got done.

Connie Lednum
102 days ago
Trustpilot star rating bar

Great Copyright Registration Experience

Walked me through the process to register my copyright. Made everything quick and easy!

Cheryl C
121 days ago
Trustpilot star rating bar

Your expertise and knowledge of my…

Your expertise and knowledge of my questions regarding my copyright I applied for was nothing less than stellar!

Lorenzo Vito
148 days ago
Trustpilot star rating bar

Time and clarity

Thank you for your time and clarity explaining items from my behalf in regards to Copyright material. I also appreciate the no queue waiting on line when I called. I do recommend you.

Adriant Sanchez
156 days ago
Trustpilot star rating bar

Elizabeth was AMAZING!!!

Elizabeth was AMAZING!!!, She walk me thru the whole copyright process. Thank you

Adewale Agboke Jr
164 days ago
Trustpilot star rating bar

Very responsive and was able to answer…

Very responsive and was able to answer my questions about Copyright options quickly and professionally.

Daniel White
319 days ago
Trustpilot star rating bar

Great customer service

Great customer service! The LegalZoom representative showed genuine care. She followed up on my Copyright Order, and remembered me and my name from the previous Copyright phone call. She was very helpful and represented LegalZoom with excellence. Thank you for hiring, and retaining such a talented energetic representative.

Joshua Earl
560 days ago
Trustpilot star rating bar

Legal Zoom Delivers On Their Promises!

Legal Zoom is professional, accommodating, and gracious. We went to them for copyright help, and true to their promise, we accomplished this endeavor in 30 minutes. EASY!! What a fresh breath of air to find a company that delivers exactly what they say they will! We'll be a Legal Zoomers for life!

Alice Osborne
1198 days ago
Trustpilot star rating bar

Better than "Uncle Sam"

I had to get a copyright done and got nowhere with the U.S. Government Copyright Office, it was a joke! Legal Zoom took care of it and had me "fixed up" in 5 minutes. Thank You, Legal Zoom!

Padu
1304 days ago
Trustpilot star rating bar

Legal Zoom performance is exceptional

Legal Zoom his handled four copyright applications for me and they are exceptional.

C Robert Cales
1582 days ago
Trustpilot star rating bar

Copyright application

I am a new author and am filing copyright for my manuscript. My experience with LegalZoom has been very successful and a pleasure. The associate was knowledgeable and a pleasure to work with. I would recommend this service.

DJS
1742 days ago
Trustpilot star rating bar

LegalZoom's Guidance is the best

I'm applying for a copyright for the first time and I was very nervous. My status page told me there was a problem and I should call LegalZoom. Kirk explained it was just a simple confirmation that was needed and he took the time to explain why its needed and talked me through what happens next. LegalZoom is just the best thing for a first time business owner like myslef.

rjlog
Rated4.6out of 5 based on23,752+ reviewson

Showing our favorite reviews