myspark - The right way to register your intellectual property

How will I know when my work is registered?

You will receive a certificate directly from the Copyright Office.

How long does my copyright take to register?

Registration times with the U.S. Copyright Office vary based on volume. As of publishing this FAQ on 5/26/11 the average wait time for digital and physical electronic submission is 4 months.

Why do I need to send two copies of published works?

Two (2) copies are needed as one copy goes to the Library of Congress for inclusion within the Library. The other copy goes to the Copyright Office for verification.

Can I submit a digital copy of a work that has been published?

No - if the work has been published you must send two physical copies directly to the Copyright Office, UNLESS there is only one physical copy of the work, or it is too large (such as a sculpture), in which case digital or physical photographs may be submitted in lieu of the physical copy.

What if there is no/ never was a physical version?

The Copyright Office requires you to send the "best edition". For works that do not have physical copies, use your discretion for the "best edition". In cases where only a digital version exists, the digital version will suffice.

I registered my work and have made edits. Do I need to register it again?

If you made major changes and/or large additions, such as adding a track to an album or a chapter to a book, you will need to register again for the content to be protected. Minor editorial changes, such as spelling/grammar edits, song length etc., do not require a new filing.

Can MySpark give me a Trademark?

No - while copyright and trademark are often confused, a trademark (or trade mark) is a distinct sign / emblem / or indicator used to distinguish / identify products or services to consumers and can only be processed directly via The U.S. Patent & Trademark Office. Please contact the U.S. Patent & Trademark Office for further details regarding trademarks.

What is copyright?

Copyright is a bundle of exclusive rights granted to the author/creator of an original work. These rights are intended to encourage creative endeavors and include the right to copy, distribute, adapt, reproduce, and display the work.

Why should I register a copyright?

While copyright exists immediately upon fixation of the idea to a physical form, registration establishes it in the public record, provides a certificate of authorship, and allows the copyright owner to seek damages if infringement occurs.

What type of work is able to be copyrighted?

Original works of authorship fixed in a tangible medium are eligible for copyright protection, regardless of whether or not that work has been published. This includes, but is not limited to, recordings, compositions, videos, photographs, paintings, software, website designs, poetry, sheet music, books and more. Ideas, plans, systems, or devices that are not expressed in a fixed, tangible medium can not be copyrighted.

Words and short phrases such as names, titles and slogans (this includes titles to books, plays, etc.) can be protected by trademark registration, but these short phrases cannot be protected by copyright. Blank forms, such as time cards, graph paper, checks, scorecards, address books, order forms or other similar types of intellectual property, which are designed to record information and do not themselves convey any information, are not eligible for copyright protection. Intellectual property, such as standard calendars, height and weight charts, tape measures, rulers, schedules of sporting events, and lists or tables taken from public documents or other common sources are not eligible for copyright protection. Certain logos, if they consist of primarily text, cannot be copyrighted.

I created a logo. Can that be copyrighted?

Logos need to have a significant amount of original authorship in order to be copyrighted. If the logo has dense graphic design, then often the design can be copyrighted. However, the text cannot be.

What do you do after I submit my order?

If you electronically submitted your work, we prepare your documents for registration with the Electronic Copyright Office. This preparation usually takes one week. After registration, you will receive a communication from the Copyright Office directly.

I hear if I mail myself a letter or email myself I can have a "poor man's copyright." Is that true?

A postmark or an email time-stamp is not sufficient to serve as a copyright registration for your work. There is no language in U.S. Copyright law that supports the practice of "Poor Man's Copyright". The only way to get full legal protection for your intellectual property is by registering your copyright with the U.S. Copyright Office.

What type of files are acceptable?