How to Get a Copyright in Texas

September 22, 2024

As a creator, you pour your time, energy, and passion into your projects, and the last thing you want is to see it exploited or stolen. Copyright law is designed to safeguard your creations, and in today’s digital age, protecting your creative work is more important than ever. Whether you’re an artist, author, musician, or software developer, a copyright will give you legal control over how your work is used.

When you partner with Quadros Migl & Crosby, our intellectual property lawyers will guide you through every step of the copyright registration process, ensuring your creative work is safe from unauthorized use. No matter what type of creator you are, our team can provide the support and knowledge you need to protect your rights and designs.

What Is Copyright?

When you have created something truly special, like a novel, artwork, or a groundbreaking software program, you want to ensure it will not be stolen or used without your permission. Copyright is a form of legal protection provided to creators of “original works of authorship.”

Copyright protection covers a wide variety of works, such as:

  • Books, articles, and other written material
  • Musical compositions and lyrics
  • Software code
  • Paintings, drawings, and sculptures
  • Photographs, graphics, and digital artwork
  • Movies, videos, podcasts, and television shows

In Texas, copyright law grants the creator exclusive rights to reproduce, distribute, perform, display, and create derivative works from their original material.

Guide to Obtaining a Copyright in Texas

Getting a copyright in Texas is a straightforward process that begins with confirming the originality of your work, registering it through the U.S. Copyright Office, and taking steps to protect it. Here’s how it works:

Step 1: Confirm Your Work Is Eligible for Copyright

The first step in obtaining a copyright is to confirm your work meets the criteria set by the U.S. Copyright Office. Your work must be original, meaning it must be independently created and show some degree of creativity. Mere facts or ideas cannot be copyrighted; however, the way those facts or ideas are expressed can be.

The work must be fixed in a tangible medium, such as written on paper, recorded on a CD, or saved in digital form. Copyright protection does not cover ideas that have not yet been expressed in a physical form.

Step 2: Understand Copyright Registration

In the United States, including Texas, copyright is automatically granted to a creator the moment their work is fixed in a tangible form. You do not have to register your work to have a copyright. However, registering your copyright with the U.S. Copyright Office provides additional legal benefits, such as:

  • The ability to file a lawsuit for copyright infringement
  • Public record of your copyright ownership
  • Eligibility for statutory damages and attorney’s fees in infringement cases

Although copyright protection is automatic, registering your work ensures stronger legal protections in case of infringement.

Step 3: Preparing for Copyright Registration

Once you confirm your work is eligible for copyright, you can begin the registration process.

Before starting your registration, make sure you have:

  • A Copy of Your Work: You will need to submit a physical or digital copy of the work you are registering.
  • The Correct Application Form: The U.S. Copyright Office has different forms depending on the type of work you are registering. For example, Form TX is used for literary works, while Form VA is used for visual arts.
  • Payment for the Registration Fee: There is a fee for registering a work online with the amount depending on the type of registration. Fees may vary for other submission methods or multiple works registered at once.

Step 4: Protecting Your Copyright

After submission, your application will be reviewed by a copyright examiner. While the processing time can take anywhere from 6 to 16 months, you will be notified once your copyright is officially registered. During this period, you retain your copyright protection, even though your registration is pending.

After obtaining your copyright, be sure to monitor your work. While not required, placing a copyright notice on your work can serve as a reminder that the material is protected. If you wish to allow others to use your work while maintaining control over it, you can license your work under specific terms, such as limiting its use to non-commercial purposes.

Safeguard Your Creations With a Texas Intellectual Property Attorney

Protecting your creative work ensures your ideas and efforts are respected and valued. At Quadros Migl & Crosby, we are dedicated to helping you navigate the copyright registration process with ease and confidence. Our experienced attorneys understand the intricacies of copyright law and are committed to providing tailored solutions that fit your unique needs. By working with us, you gain a knowledgeable partner who will guide you through each step, from application to protection, allowing you to focus on your creative pursuits without worry.

If you’re ready to secure your intellectual property and protect your creative assets, don’t hesitate to reach out. Contact Quadros Migl & Crosby today at (713) 300-9662 or use our contact form to get started. Let us help you safeguard your work and ensure your creative endeavors are legally protected.