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Copyright 101: Protecting and Registering Original Works of Authorship

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By Ari Sherwin, Curatolo Sidoti

Your work is under copyright protection the moment it is created and fixed in a tangible form that is perceptible either directly or with the aid of a machine or device.  Generally, you are not required to register with the U.S. Copyright Office in order to be protected.  Registration is voluntary.  Registration is recommended for a number of reasons.  Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration.  Registered works may be eligible for statutory damages and attorney’s fees in successful litigation.  Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law.

The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication.  As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years.

Ari Sherwin is a patent, trademark and copyright attorney with Curatolo Sidoti in Cleveland, Ohio. Prior to practicing intellectual property, Ari founded the anti-drug and health awareness program “Drugs In Sports…A Losing Game”, and has presented to over 250,000 people throughout North America and Europe since 1993. As a former competitive drug-free Olympic weightlifter, he set an American record and was a triple gold medalist at the National Collegiate Championships. Ari received his B.S. in Biology from The Ohio State University, M.S. in Anatomical Sciences from Case Western Reserve University and J.D. from Cleveland-Marshall College of Law. Ari can be reached at (216) 571-1641, sherwin@patentandtm.com, http://www.patentandtm.com/ 


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