Copyright Law and digital products
As online entrepreneurs, it’s important to understand copyright law.
Whether you are creating an e-book, online courses, or content, copyright protection makes sure that your hard work is legally protected for being used without your permission.
In this blog, I will guide you through the basics of copyright law, so you are empowered to use it to your advantage.
What is Copyright?
But first…what is copyright?!
People often confuse copyright with trademark, so let’s break it down.
Trademarks = brand protection
Think business names, product names, or a signature tagline - it’s what identifies your brand in the marketplace.
Copyright = creative protection
Think of it like the actual original creation - it’s how you express your ideas in their tangible forms (the text, your signature framework, branding colors, the layout, outline)
Copyright is a legal right that grants the creator of an original work exclusive rights to its use and distribution.
Remember that copyright law aims to protect the creator’s original expression of ideas, while not covering the ideas themselves.
Automatic Copyright Protection
In most countries, including the US, copyright protection is automatic as soon as the work is created and fixed in a tangible form.
This means that the moment you write your e-book or design your online course, your work is protected by copyright law.
However, while automatic protection provides some security, it has its limitations, particularly when it comes to enforcing your rights in the US.
Why You Need to File for US Copyright Protection
To enforce your copyright and sue for infringement in federal court, you must register your work with the US Copyright Office.
To be eligible for an award of statutory damages and attorneys’ fees for a copyright infringement case, the copyrighted work must be registered before the infringement happens, or, if the work is published, within three (3) months of publishing your work.
Without this registration, your legal options are limited if someone infringes on your work.
Psst….which is why I highly recommend having the proper terms and conditions at checkout so that you have another legal option available to you should someone copy/steal your work.
How to Apply for Federal US Copyright Protection
Applying for federal US copyright protection is a straightforward process:
Prepare Your Work: Ensure your work is complete and in a fixed, tangible form.
Visit the US Copyright Office Website: Go to www.copyright.gov to start your application.
Complete the Application: Fill out the online form with details about your work and yourself as the creator.
Pay the Filing Fee: The fee varies depending on the type of work you are registering.
Submit a Copy of Your Work: Upload a digital copy of your work for the Copyright Office's records.
Receive Confirmation: Once processed, you will receive a certificate of registration, confirming your copyright.
Once your registration is confirmed, you now have a federal copyright. woo hoo!
Updating Registered Work and Reapplying for Copyright Protection
While registering your original work grants you valuable protection, it's important to remember that copyright registration covers the work as it existed at the time of registration. If you make significant changes or updates to your work—such as adding new chapters to your e-book, creating new modules for your online course, or substantially revising content—those changes are not automatically covered by your initial registration.
In such cases, you may need to file for a new copyright registration to protect the newly added or modified portions. Here’s why:
The Original Registration Covers Only the Original Work: Your initial copyright registration only covers the version of the work that was submitted to the US Copyright Office. If you create a new version or substantially update the original, the updated portions are not automatically protected under the original registration.
Protecting Your Updates: To ensure that your revisions or new additions are also protected, you can apply for a new copyright registration that covers the new material. This additional registration can provide the same level of legal protection for the revised or expanded content as the original registration does for the original content.
New Infringement Risks: If someone infringes on the revised or new portions of your work, and you haven’t registered those updates, you may not be able to enforce your copyright or seek statutory damages for the infringement of the updated content. To safeguard your entire body of work—including new material—it’s worth reapplying for copyright protection when significant changes are made.
When Reapplying Is Necessary: Not all changes require a new registration. Minor edits, corrections, or routine updates might not qualify as "substantial" enough to warrant a new application. However, adding new sections, overhauling major parts of the content, or expanding your work in a meaningful way typically requires reapplying for protection.
Basically, every substantial update to your registered work may require you to reapply for copyright protection to ensure that any new material is also legally protected.
By staying proactive with your registrations, you can keep your creative efforts fully protected under the law.
Now, while we’ve been talking about protecting your work from infringement, it's also important to understand the flip side—what happens when you want to use someone else’s copyright-protected material.
Generally, you need permission to do so, but there's an important exception: Fair Use.
Let’s dive into the Fair Use Exception and when you can legally use copyrighted material without needing permission.
Fair Use Exception - when you can use copyright material without permission
While copyright law generally protects the exclusive rights of creators or the original author, there are exceptions.
One such exception is fair use.
The fair use doctrine allows for the limited use of copyrighted material without requiring permission from the rights holder - but it is very complex.
There is no definitive rules, and determining whether a specific use qualifies as fair use often requires careful analysis and a case by case, fact-specific inquiry.
Oftentimes, courts will look at certain uses and have provided examples of activities that are generally considered fair use, such as: criticism, comment, news reporting, teaching, scholarship and research (meaning you are using the copyrighted material to provide additional comments, or to criticize, or to report the news….).
But, there’s also a four factor test that must be applied. More on that here.
Ultimately, you don’t want any unauthorized use of copyrighted material to adversely impact the market for the original work.
And because it is so complex, it’s not great to rely on this doctrine as your defense for using original works without permission.
Protecting Your Digital Products
To safeguard your digital products, consider the following tips:
Create Original Content: Ensure your work is original and not reliant on others’ work or AI-generated content to avoid ownership issues and copyright infringement.
Register Your Copyright: File for federal US copyright protection (if in the US) of your original work to secure your rights and enable legal action if needed.
Consult a Legal Expert: Work with a legal professional, like myself, to navigate copyright laws and protect your intellectual property effectively.
By understanding and leveraging copyright law, you can protect your digital products, maintain ownership, and avoid legal pitfalls, ensuring your online business thrives.
Conclusion
So there you have it!
An overview of basic copyright law, which is essential for protecting your digital work. Want another way to legally protect your digital work? Get solid terms and conditions at checkout.
By following these guidelines, getting solid terms and conditions at checkout, and seeking legal advice when necessary, you can confidently build and grow your online business with peace of mind.
You got this!!!
Disclaimer: This information is intended as a general overview and does not constitute legal advice. It's essential to consult with an attorney for guidance on specific copyright matters.
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