Published versus Unpublished Application

[SixDegrees]

I have graphic images I have created. So far, they exist only on my desktop computer, and have not been published in any sense of the word. My intent, however, is to apply these images to various products - T-shirts, badges, mugs, and so on - and offer them for sale. These products do not, however, currently exist in any form.

I am interested in protecting the image via copyright. Should my application state that these images are currently unpublished, even though my intent is to publish them pretty much immediately? I would prefer to avoid the requirement that published works be submitted to the Library of Congress, if possible. Nor do I want to bother copyrighting each individual item and submitting samples - I would prefer to protect the imagery itself, and have that protection extend to all reproductions of it regardless of implementation.

On a related note, assuming I apply under unpublished status and wait until my application is acknowledged, can I then proceed with creation of these products without any changes to the original application, and without filing another claim as published works?

 

[quincy]

I have graphic images I have created. So far, they exist only on my desktop computer, and have not been published in any sense of the word. My intent, however, is to apply these images to various products - T-shirts, badges, mugs, and so on - and offer them for sale. These products do not, however, currently exist in any form.

I am interested in protecting the image via copyright. Should my application state that these images are currently unpublished, even though my intent is to publish them pretty much immediately? I would prefer to avoid the requirement that published works be submitted to the Library of Congress, if possible. Nor do I want to bother copyrighting each individual item and submitting samples - I would prefer to protect the imagery itself, and have that protection extend to all reproductions of it regardless of implementation.

On a related note, assuming I apply under unpublished status and wait until my application is acknowledged, can I then proceed with creation of these products without any changes to the original application, and without filing another claim as published works?

In what state do you reside?

The images you have created are already copyright -protected. A copyright automatically attaches to original and creative works once they are fixed in a tangible form. No registration is required.

Once you create products using these images, you start to concern yourself with trademark law. You will be marketing goods and it helps to market them under a name that is as unique as your goods.

You can choose to register your images with the US Copyright Office at any time for added protection. For a trademark (a business identifier), you can file an application with the US Patent and Trademark Office when you have started to use the trademark (name, logo, slogan, etc) in commerce or you can file an Intent to Use application if you intend to market your goods within six months.

Again, no registration of any kind is required for your images and products with images to be rights-protected. Registering copyrights is not necessary and trademark registration is not necessary. There are only added benefits to registration that can be valuable if your copyrights and/or trademarks are infringed.

 

[SixDegrees]

In what state do you reside?

The images you have created are already copyright -protected. A copyright automatically attaches to original and creative works once they are fixed in a tangible form. No registration is required.

Once you create products using these images, you start to concern yourself with trademark law. You will be marketing goods and it helps to market them under a name that is as unique as your goods.

You can choose to register your images with the US Copyright Office at any time for added protection. For a trademark (a business identifier), you can file an application with the US Patent and Trademark Office when you have started to use the trademark (name, logo, slogan, etc) in commerce or you can file an Intent to Use application if you intend to market your goods within six months.

Again, no registration of any kind is required for your images and products with images to be rights-protected. Registering copyrights is not necessary and trademark registration is not necessary. There are only added benefits to registration that can be valuable if your copyrights and/or trademarks are infringed.

Thank you.

I reside in Michigan. I'm aware of the automatic nature of copyright, and also of the additional benefits registration carries.

My only question is whether to register as an unpublished work, or as a published work - two different options when applying that carry somewhat different application requirements. Although my works have not yet been published, in the sense that copyright means, I fully intend to publish them via sale on various items. Registering them as published carries some additional requirements I'd rather avoid, but if registering them as unpublished when I do intend to publish them right away muddies the protection waters, I'll bite the requirements bullet and do that. It's just that I'd rather not.

 

[FlyingRon]

If you're trying to avoid the mandatory deposit rule, you can't dodge that by registering it before publication. You're still subject to the deposit requirement within three months of publication.

 

[quincy]

For a look at copyright basics and information on publication and registering either published or unpublished works with the US Copyright Office, you can read pages 3, 4, 6, 7 and 9 in the US Copyright Office's Circular 01 at the following link:

http://www.copyright.gov/circs/circ01.pdf