Copyright Guide - Att. Giselle Ayala - contact@giselleayala.conm by UJU Post

Copyright Guide!

Giselle Ayala

Welcome, and thank you for reading this guide.

Whether you are an artist, creator, entrepreneur, or someone working with original content, understanding copyright law is essential to protecting your work and respecting the rights of others.

This guide provides a concise and practical overview of copyright law. It is designed to help you identify your rights, take steps to safeguard your creations, and avoid common legal issues related to ownership, use, and collaboration. To make the information more accessible, key concepts are illustrated through visual examples.

I hope this guide serves as a helpful resource in your creative or professional journey.

Giselle Ayala

Business Transactions | Trademark,

DISCLAIMER

The information provided on this publication is for general informational purposes only and should not be considered as legal advice.

Readers should consult with a qualified attorney regarding any specific legal questions or concerns they may have. No attorney-client relationship is formed by accessing or reading this website.

Business Transactions | Trademark,

Giselle Ayala

Hi, I am attorney Giselle!

I am Giselle Ayala Mateus, an attorney and graduate of Brooklyn Law School in New York. My practice focuses on business, trademark, and copyright law, with particular emphasis on their application to artificial intelligence, advertising regulation, media, and licensing.

I have served as outside general counsel to various companies and nonprofit organizations, advising on matters related to trademarks, licensing, advertising compliance, social media, and corporate governance.

My experience includes representing clients in the negotiation and execution of commercial contracts, leases, business-to-consumer and business-tobusiness agreements, publishing contracts, writer collaborations, joint ventures, and corporate partnerships. I also advise on trademark and copyright disputes, commercial transactions, corporate and nonprofit formation, bylaws, operating agreements, and partnership agreements.

What is copyright...?

Copyright is a form of legal protection granted to creators of original works of authorship, such as music, literature, art, film, and software. It gives the creator the exclusive right to use, reproduce, distribute, display, perform, and create derivative works based on their creation, typically for a limited period of time

The basis for copyright protection for works of authorship comes directly from the U.S. Constitution. In consequence, the primary purpose of copyright is to promote arts and to reward authors, through the provision of property rights and the exclusive privilege of exploiting their works economically and making those works available to the public to enjoy

While copyright law is intended to serve the purpose of enriching the general public through access to creative works, it is worth noting that the copyright imposes no obligation upon creators to make their copyrighted works available. Accordingly, an unpublished work is also entitled to protection as a published works are.

Copyright protects an author’s original works that have been fixed on any tangible medium of expression (e.g., pictorial and graphic works). It does NOT protect ideas, procedures, processes, systems, methods of operation, concepts, principles, or discoveries.

Who owns the copyright of work?the

a) The author(s) of the work has the initial copyright in the work.

b) The employer is considered the author and has the initial copyright of the work if the work is made for hire, unless parties agree otherwise in writing

c) The author has the copyright in a contribution to a collective work. The owner of the copyright in the collective work can only reproduce or distribute the contribution as part of the collective work.

Any of the exclusive rights under copyright may be transferred and owned separately; the transfer must be recorded in writing.

Scope of rights for visual art authors

Under the copyright law, authors of visual art are entitled to several rights, including but not limited to:

Rights of attribution and integrity.

Claim authorship of the work

Prevent the use of his/her name as author of work he/she did not create.

Prevent the use of his/her name as author of his/her work if it has been distorted/modified/mutilated such that it would be prejudicial to the author’s reputation.

Prevent his/her work from being destroyed, whether intentionally or grossly negligently, if the work is of recognized stature

Duration of the rights!

For works created on or after January 1, 1978, copyrights generally last until 70 years after the author’s death.

Copyright protection for works created before January 1, 1978, depends on several factors, including whether the work was published, whether it had a proper copyright notice, and whether it was renewed

In general:

Published works before 1978 with proper notice were initially protected for 28 years, and could be renewed for an additional 67 years, giving a total term of 95 years from the date of publication.

Duration of the rights!

In the United States, the duration of copyright protection depends primarily on when the work was created and the identity of the author.

For works created on or after January 1, 1978, copyright protection generally lasts for the life of the author plus 70 years. If the work has joint authors, protection continues for 70 years after the death of the last surviving author.

For works created by a company or under a “work made for hire” agreement, as well as for anonymous or pseudonymous works, the duration is either 95 years from the date of first publication or 120 years from the date of creation, whichever expires first.

If a work was created but not published before January 1, 1978, it is protected for the life of the author plus 70 years, but copyright cannot expire before December 31, 2002. If the work was both created and published before January 1, 1978, and it complied with the formal requirements (such as notice and renewal, if applicable), then copyright lasts for 95 years from the year of publication.

Works that are no longer under copyright protection or that never met the requirements for protection are considered to be in the public domain and may be freely used by anyone.

Copyright Requirements

Originality: The work must have some level of creativity and must not be copied from another source. It does not need to be completely unique, but it must reflect the creator’s independent effort.

Fixation: The work must be captured in a tangible medium, such as a canvas, a digital file, a sculpture, or a recorded performance. If a work only exists in the creator’s mind, it is not protected by copyright. Copyright, on the other hand, focuses on creative expression.

Example

If an artist paints a landscape scene and sells prints of it online, their work is automatically copyrighted. However, if they simply describe the idea of a landscape painting to someone without creating it, copyright protection does not apply.

Never share an undevelopedidea that lacks a copyright registration...

The Work Must Exhibit Some Level of Creativity

To qualify for copyright, a work must contain at least a minimal level of creative expression This requirement is not stringent; even a slight degree of creativity is sufficient. However, purely mechanical or factual works do not meet this standard.

Example

A simple list of phone numbers, such as a telephone directory, is not protected by copyright because it lacks creativity (Feist Publications, Inc v Rural Telephone Service Co., 1991).

A short arrangement of common geometric shapes may not qualify for copyright unless the combination is sufficiently original.

Joint Authorship

When two or more people create a work together, they are considered joint authors under 17 U.S.C. § 201(a). Joint authorship requires:

1. A shared intention to create a single, unified work.

2. Each contributor to provide a significant amount of original expression.

Example

If two designers collaborate on a mural, and each contributes original elements, they will be co-owners of the copyright unless otherwise agreed in writing

4. Works Made for Hire

In cases where an employee creates a work as part of their job, the employer not the individual creator is considered the legal author under 17 U.S.C. § 101. Works made for hire also include certain independent contractor agreements if specified in a written contract

Example

A graphic designer employed by a marketing agency creates a logo for a client The employer (the agency) owns the copyright, not the designer.

What Works Are Protected by Copyright?

The Copyright Act outlines various categories of creative works eligible for copyright protection under 17 U.S.C. § 102(a), including:

1. Literary works (novels, articles, poetry, blogs)

2. Musical works (songs, compositions, sheet music)

3. Dramatic works (plays, scripts, screenplays)

4 Choreographic works (dance routines, ballets)

5. Pictorial, graphic, and sculptural works (paintings, photographs, drawings, sculptures, digital art)

6. Motion pictures and audiovisual works (films, animations, television shows, online videos)

7. Sound recordings (recorded music, spoken word performances)

8. Architectural works (building designs, blueprints)

What Is Not Protected by Copyright?

While copyright law is broad, certain types of works are not eligible for protection. According to 17 U.S.C. § 102(b), copyright does not cover:

Ideas, methods, or concepts – Copyright protects the expression of ideas, not the ideas themselves. A book about a new design technique is copyrighted, but the technique itself is not.

Facts and common knowledge – Historical events, scientific discoveries, and widely known facts cannot be copyrighted However, an original way of presenting those facts (such as an illustrated infographic) may be protected.

Short phrases, titles, and slogans – Copyright does not apply to simple words or phrases. However, trademarks may protect business names, slogans, and logos

Government works – Works created by the U.S. government, such as laws, court decisions, and public documents, are generally not protected by copyright.

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Why register work before the Copyright Office?

In the first place, it is worth explaining that registration is not a condition of copyright protection. However, registration greatly enhances the value of an author’s work. Moreover, there are several ways registration benefits an author.

REGISTERED. NO COPY ALLOWED.

As a result of the copyright registration, a public record of copyright ownership is created. An author is a better position if he can protect his work demonstrating copyright ownership. Ownership is often at issue in disputes over copyright enforcement. Additionally, even if an alleged infringer is not claiming copyright ownership or authorship, it is the original author’s burden to prove that he is the rightful copyright owner

Additionally, by creating a public record of copyright ownership, an author protects his works against potential infringer. In the case of someone who is sophisticated enough to check copyright registrations, a public record demonstrating a claim of copyright may deter unlawful conduct.

Presumption of ownership

Courts have held that registration before, or within five years of, publication of a work establishes prima facie evidence of the validity of the copyright claim of an author and the facts stated in the registration certificate In other words, copyright is presumed, and anyone challenging ownership will have the burden to demonstrate otherwise.

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This presumption can be particularly valuable when an infringer is causing serious, irreparable harm and the copyright owner needs an immediate court order directing the alleged infringer to stop its unlawful behavior

The ability to enforce your rights by filing a lawsuit for copyright infringement

One of the most valuable benefits of copyright registration is the ability of the author to file a lawsuit for copyright infringement. A copyright owner cannot file a lawsuit to enforce or protect its copyrights until the U.S. Copyright Office has issued a registration.

It usually takes about seven months to issue a registration after an application is filed However, it might sometimes take shorter if there is a basis to make a request to the Copyright Office. Although expedited consideration can be requested (at far more cost), that additional time can be extremely costly, especially when the infringer is causing serious harm.

Eligibility for statutory damages, attorney fees, and costs of suit

If an author acquires a copyright registration before infringement takes place (or within three months after publication of the work) the copyright owner may be eligible for an award of statutory damages This means that, once copyright infringement is demonstrated, there might be no need to prove damages

This benefit can be extremely valuable, especially considering that, damages in a case of copyright infringement can often be difficult to prove.

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The copyright owner or author of a work may register his copyright claim by meeting three requirements: payment of an application fee, filing of the application and deposit a copy of the work at the Copyright Office.

The process of copyright registration in the United States is relatively straightforward and is handled by the U.S. Copyright Office. Here’s a general overview:

✅ 1. Prepare Your Work

Make sure your work is original and fixed in a tangible medium (e.g., written, recorded, saved digitally).

This can include books, music, artwork, software, videos, etc.

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2. Complete the Application

Go to the U.S. Copyright Office’s website: www.copyright.gov

Choose the correct form based on the type of work:

Literary works, sound recordings, visual arts, performing arts, etc.

Fill out the form with:

The title of the work

Author’s name and citizenship

Year of creation

Type of authorship (text, music, lyrics, etc.)

�� 3. Pay the Filing Fee

Most electronic applications cost $45–$65, depending on the type of work and number of authors.

Fees may vary based on the complexity or registration category.

�� 4. Upload or Send a Copy (Deposit)

You must submit a copy of the work being registered

For most online submissions, you can upload a digital file (PDF, MP3, etc.).

For published works like books, you may need to mail in physical copies.

⏳

5. Wait for Processing

Online applications usually take 3 to 8 months to process (can be longer for paper filings)

If approved, you’ll receive a Certificate of Registration by mail or electronically.

Tips to protect your work!

1. Always Sign Your Work

Put your name or artist signature directly on your work, where possible For digital content, embed metadata with your name or copyright info It shows ownership, discourages misuse, and supports your claim in a dispute

2. Fix Your Work in a Tangible Medium

Make sure your work exists in a form that can be seen, heard, or touched like a file, photo, sketch, video, or recording. Until then, copyright doesn’t apply.

3. Date Everything

Keep records that show when you created a work. Use timestamps, saved drafts, or cloud backups. This can be vital in proving you ’ re the original author.

4. Register with the Copyright Office

In the U.S. and many other countries, registration isn’t required for basic protection—but it gives you powerful legal tools like the right to sue and claim statutory damages.

Tips to protect your work!

5. Use Copyright Notices

6. Save Original Files and Versions

Keep original high-res files, sketches, or working drafts to help prove authorship if there’s ever a dispute. Don’t rely only on published or posted versions.

7. Use Contracts and Written Agreements

Always get things in writing—whether it’s a freelance job, collaboration, or licensing deal. Clarify who owns the copyright and what rights (if any) are being transferred.

8. Don’t Assume “Work for Hire” Means You Own It

Unless you're hiring an employee (not a freelancer), you must have a written contract that specifically says the work is “made for hire.” Otherwise, the creator keeps the copyright.

Tips to protect your work!

9. License Your Work Carefully

If you're letting others use your work, spell out what they can and can't do like whether they can alter it, use it commercially, or resell it Use licensing terms or Creative Commons when appropriate

10. Watch for Infringement

Search your name or images regularly. Use tools like Google Image Search or Pixsy to find unauthorized copies online. The sooner you spot it, the easier it is to stop.

11. Use Watermarks for Online Sharing

When sharing online (especially on social media), consider adding a light watermark or visible username. It can help deter theft and lead others back to you, even if the work is reposted.

12. Know When to Lawyer Up

If someone steals or uses your work without permission and it’s affecting your income or reputation, talk to a copyright attorney. Registration strengthens your case, but even without it, you may have leverage.

What Rights Does Copyright Provide?

REPRODUCTION

The right to make copies of the work The right to create adaptations (e.g., turning a book into a film)

PUBLIC DISPLAY

The right to show the work in public.

The right to sell, rent, or distribute copies. DISTRIBUTION

PUBLIC PERFORMANCE

The right to perform the work publicly (applies to music, plays, films).

The Human Authorship Requirement

Under 17 U.S.C. § 102(a), copyright law protects "original works of authorship" that are created by humans and contain a minimal level of creativity. The U.S. Copyright Office has made it clear that copyright protection does not extend to works created entirely by non-human entities, including artificial intelligence.

Key Precedents and Rulings

U.S. Copyright Office Policy (2023): The USCO issued guidance stating that works generated solely by AI without human creative input are not eligible for copyright.

Thaler v. Perlmutter (2023): A federal court ruled that a work created by an AI system (without human involvement) could not be registered for copyright, affirming that U.S. copyright law requires a human author.

Monkey Selfie Case (Naruto v. Slater, 2018): The Ninth Circuit ruled that non-human authorship is not recognized under U.S. law, reinforcing that copyright applies only to works created by people Does AI Generative need human imput to obtain creative and original pieces of art?

ChatGPT said:

Yes, AI generative models rely on human input to create creative and original pieces of art Humans provide the initial prompts, training data, and fine-tuning necessary for AI to generate meaningful outputs. While AI can combine patterns, styles, and concepts in novel ways, true originality often stems from human guidance, intent, and interpretation Without human influence, AI lacks purpose and emotional depth, making its creations derivative rather than truly innovative. 4o

If an AI system independently generates a piece of digital artwork with no human intervention, that artwork is not copy

Works Must Be Created by a Human Author

A key limitation of copyright law is that only works created by human beings can be copyrighted. Courts have consistently ruled that works generated by non-human entities— such as animals or artificial intelligence do not qualify for copyright protection.

Example

In Naruto v. Slater (2018), a federal court ruled that a monkey that took a selfie could not be considered the "author" under copyright law. Therefore, no one could claim copyright over the image.

The U S Copyright Office has stated that fully AI-generated works without human involvement do not qualify for copyright protection. However, AI-assisted works might be protected if a human author contributes significantly to the creative process.

Are AI-Generated Works Protected Under U.S. Copyright Law?

The copyrightability of AI-generated works is a developing legal issue in the U.S. Generally, the U.S. Copyright Office (USCO) and courts require human authorship for copyright protection, meaning that purely AI-generated works are not protected under current law However, some AI-assisted works may qualify for copyright if a human contributes significantly to the creative process

While fully AI-generated works are not protected, works that involve significant human creativity may still qualify for copyright. The U.S. Copyright Office reviews AI-assisted works on a case-by-case basis to determine whether a human author has contributed enough originality.

Factors Considered for AI-Assisted Works

Level of human involvement: Did the human make significant creative choices, or did they just input a prompt and let the AI generate the work?

Extent of AI contribution: Was the AI merely a tool used to refine or modify humancreated content, or did it produce the entire work?

Creative control: Did the human artist direct, select, or meaningfully modify the AI output in a way that reflects original expression?

AI-Generated Works and Public Domain

Since AI-generated works lack copyright protection, they are generally considered to be in the public domain. This means:

Anyone can use, modify, and redistribute purely AI-generated content without legal restrictions.

AI-generated works cannot be exclusively owned by an individual or company under U S copyright law

Copyright, past, present and future

In the US, copyright law remains a dynamic field, continually adapting to technological advancements and creative industries' needs. For artists and designers, understanding these laws is crucial to protect their intellectual property and navigate the complexities of creative rights.

As we look to the future, discussions will likely focus on the implications of artificial intelligence in content creation, the balance between innovation and protection, and the evolving definitions of authorship and ownership.

Additionally, the rise of digital platforms and global distribution channels presents new challenges and opportunities for copyright enforcement and management. Staying informed and engaged with these topics will be essential for those in the creative sector, ensuring they can leverage their work effectively while safeguarding their creative contributions.