## Copyright basics for New York creators and businesses Copyright is **federal law** — there's no separate New York copyright. The U.S. Copyright Office (a division of the Library of Congress) handles registration, and federal district courts (NOT state courts) hear infringement cases. ### Federal courts covering New York U.S. District Courts for the Southern, Eastern, Northern, and Western Districts of New York. SDNY is one of the most active copyright courts in the country. ## What copyright protects **Copyrightable subject matter:** - **Literary works** — books, articles, software code - **Musical works** — compositions and lyrics - **Sound recordings** — separate copyright from the underlying composition - **Dramatic works** — plays, screenplays - **Choreographic works** - **Pictorial / graphic / sculptural works** — paintings, photos, drawings, sculptures, graphic design - **Motion pictures and audiovisual works** - **Architectural works** — building designs **NOT copyrightable:** - **Ideas, facts, methods, procedures** (these may be patentable, but not copyrightable) - **Names, titles, short phrases, slogans** (may be trademarkable) - **Government works** (federal; state varies) - **Works in the public domain** - **Recipes** as lists of ingredients (though the descriptive text may be) - **Common knowledge / standard formats** ## When copyright attaches Copyright attaches **automatically** the moment an original work is fixed in a tangible medium of expression. No registration required for protection to exist. BUT — registration is required for major benefits: - **Federal lawsuit** — must register before filing infringement suit (or for foreign works, registration deemed accomplished) - **Statutory damages** — $750-$30,000 per work; up to $150,000 for willful infringement (only available if registered before infringement or within 3 months of publication) - **Attorney's fees** — fee-shifting only available if registered timely - **Public record** — establishes ownership and creation date Registration is cheap ($45-$65 typical for online filing) and the benefits are massive. ## Duration **Works created on or after January 1, 1978:** - **Individual author** — life + 70 years - **Joint authors** — life of last surviving + 70 years - **Work made for hire** — 95 years from publication or 120 years from creation, whichever is shorter **Older works** follow different (more complicated) rules under prior versions of the Copyright Act. ## Work-made-for-hire Two ways a work can be "made for hire": 1. **Created by employee within scope of employment** — employer owns by default 2. **Specially commissioned** — only for 9 specific categories (audiovisual works, translations, instructional texts, tests, atlases, supplementary works, compilations, supplementary contributions to collective works, sound recordings) AND with a written WMFH agreement signed BEFORE creation Otherwise, the creator owns the copyright — even if commissioned and paid for the work. Get a written assignment if you want to own a contractor's work. ## Copyright registration process 1. **Decide what to register** — single work, group of works, or collective work 2. **File application online at copyright.gov** — eCO system 3. **Pay filing fee** — $45 (single author / single work / not WMFH) or $65 (other) 4. **Submit deposit copy** — copy of the work 5. **Wait** — currently 3-12 months for processing 6. **Receive certificate** with registration number Registration is effective the date the application is properly received. ## Infringement **Direct infringement** requires: 1. Plaintiff owns valid copyright 2. Defendant copied protected expression 3. Substantial similarity **Secondary liability:** - **Contributory infringement** — knowingly inducing or materially contributing to infringement - **Vicarious infringement** — having the right and ability to control the infringer + financial benefit ## Defenses to infringement - **Fair use** — 4-factor test under § 107: purpose and character of use, nature of work, amount used, market effect - **Independent creation** — created without copying - **License or permission** - **Public domain** - **No protectable expression** — uncopyrightable elements - **First-sale doctrine** — owner of a particular copy can sell or distribute it - **Statute of limitations** — 3 years for civil claims; 5 years for criminal ## Damages - **Actual damages** — the plaintiff's losses + defendant's profits attributable to infringement - **Statutory damages** — $750-$30,000 per work; up to $150,000 for willful infringement - **Attorney's fees** (for prevailing parties when timely registered) - **Costs** - **Injunctive relief** — court order stopping infringement ## Common copyright issues - **Online photo / image use** — pulling images from Google without licensing - **Music sampling** — even small samples need licensing for both composition AND sound recording - **Software / code copying** — open-source license compliance, code reuse from prior employers - **Cover songs** — performance vs recording rights - **YouTube / TikTok content** — DMCA takedowns and ContentID - **Architectural works** — photographing buildings (generally OK from public; reproducing plans is different) - **Tattoo art** — artist may retain rights even after putting art on someone's skin ## DMCA — Digital Millennium Copyright Act **§ 512 safe harbor** lets online service providers avoid liability for user-posted infringing content if they: - Designate an agent for takedown notices - Respond to takedown notices - Have a repeat-infringer policy - Lack actual knowledge of infringement DMCA takedowns are how most online infringement is handled — much faster and cheaper than litigation. ## What you should do If you create copyrightable work — register it. The cost is low and the benefits are enormous if infringement happens. If you've been accused of infringement (received a cease-and-desist or DMCA takedown), don't ignore it but don't panic either — many claims are weak or overreaching. Talk to an IP attorney who handles New York federal court cases. Most IP attorneys offer paid initial consultations. --- *This guide is general information about U.S. federal copyright law as of early 2026 and is not legal advice. Copyright law has many edge cases (compulsory licenses, work-for-hire, joint authorship, fair use, parodies). Talk to a licensed copyright attorney about your specific situation.*