If you create original content — whether it's a screenplay, a podcast episode, a song, or a video game — you have copyright protection from the moment your work is fixed in a tangible medium. But there's a lot more to know.

When Copyright Attaches

Copyright protection automatically arises the instant your original work is fixed in a tangible form. You don't need to register, publish, or even put a copyright notice on it. However, registration provides significant additional benefits.

Why Register?

Registration with the U.S. Copyright Office:

  • Creates a public record of your authorship
  • Is required before filing a copyright infringement lawsuit
  • Enables you to seek statutory damages and attorney's fees
  • Strengthens your negotiating position in licensing deals

What Copyright Does NOT Cover

Copyright protects expression, not ideas. The premise of your screenplay isn't protected, but the specific way you've written it is. Similarly, names, titles, short phrases, and methods of operation are not eligible for copyright (though they may qualify for trademark protection).

Work-for-Hire Considerations

If you're hiring others to create content for you (or being hired to create content for someone else), the work-for-hire doctrine becomes critical. Without a written agreement, the default rules may not produce the result you expect.