The State of Louisiana is a vibrant hub of creativity, brimming with unique artistic expression. From music and visual arts to literary works and more, your creations are your livelihood. Understanding copyright law is crucial to safeguarding your art and ensuring you receive the recognition and financial benefits you deserve. This page provides a basic overview of copyright law and how it can protect your creative work. However, this information is for educational purposes only and does not constitute legal advice. For specific guidance regarding your situation, contact us for a virtual consultation or to meet in our New Orleans office.
What is a Copyright?
A copyright is a bundle of legal rights granted to a creator of original works of authorship, including literary, musical, visual, dramatic, and other works. This right protects your creative expression by giving you exclusive control over how your work is used. Think of it as a form of legal ownership for your creative output. Copyright protection exists from the moment of creation, meaning your work is protected as soon as it is fixed in a tangible form (e.g., written down, recorded, painted, sculpted).
Examples of works that can be copyrighted include:
Literary Works:
Books (fiction, non-fiction, textbooks, manuals)
Poems
Scripts (screenplays, plays, teleplays)
Articles (magazine, newspaper, online)
Blog posts
Letters
Emails (in some cases)
Software code (as a literary work)
Databases (if they involve original selection, coordination, or arrangement of data)
Compilations (of other copyrighted or non-copyrighted material, if the compilation itself is original)
Musical Works:
Songs (including lyrics and musical compositions)
Musical scores
Sound recordings (albums, singles, etc.)
Dramatic Works:
Plays
Screenplays
Musicals
Ballets and other choreographed works
Pantomimes
Visual Arts:
Paintings
Drawings
Sculptures
Photographs
Illustrations
Graphic designs
Logos (if they contain sufficient artistic expression)
Architectural works (designs of buildings)
Maps
Audiovisual Works:
Movies
Television shows
Videos (including online videos)
Video games
Sound Recordings:
Albums
Singles
Other recorded performances (e.g., speeches, lectures)
Other Works:
Architectural plans and drawings
Websites (including the design and content)
Computer software (both source code and object code)
Mask works (designs of semiconductor chips)
And much more!
Copyright Notice:
While no longer mandatory, using a copyright notice is still a good practice. It serves as a clear indication of your copyright ownership and can deter potential infringers. A proper copyright notice typically includes:
- The symbol © (or the word “Copyright”).
- The year of first publication.
- The name of the copyright owner.
For example: © 2025 [Your Name/Company Name]
Copyright Registration and Its Benefits:
While copyright protection exists automatically upon creation, registering your work with the U.S. Copyright Office offers significant advantages. Although not required, registration is highly recommended. The benefits include:
- Public Record: Registration creates a public record of your copyright ownership, deterring potential infringers.
- Legal Presumption: Registration establishes a legal presumption of ownership.
- Access to Remedies: Registering your work before an infringement allows you to seek a wider range of remedies in a lawsuit, including monetary damages and attorney’s fees. If you fail to register before the infringement occurs, you may be limited in the recovery of damages.
- Ability to Sue: You must register your work before you can file a lawsuit for copyright infringement.
Registering your work is a relatively straightforward process, and our firm can assist you with all aspects of registration.
Need Help with a Copyright?
Copyright law can be complex, and navigating it successfully requires expertise. If you are an artist, musician, writer, or creative and have questions about protecting your work, registering your copyrights, or dealing with potential infringement issues, our firm can help. We offer consultations virtually and in our New Orleans office to discuss your specific needs and provide tailored legal advice. Contact us today to schedule a meeting and safeguard your art.