This article originally appeared as a Gavel to Gavel guest column in the Journal Record on January 21, 2026.
By Phillips Murrrah attorney Nick J. Candido
Nick J. Candido
It’s not hard to get a copyright. Take a photo right now of a blank white wall. You almost certainly now have a copyright in that photo. Or, take out a pen and paper and draw a few doodles for five seconds. Done? You now have a copyright.
While registering your copyrighted work gives you additional and solid protection against potential infringers, you still have rights in the unregistered original works you create in a tangible medium. A “tangible medium” includes things like paper, hard drives, blueprints, digital audio files, and sculptures, to name a few. Perhaps surprisingly, it likely includes human skin in some jurisdictions (looking at you, tattoo artists); and the work must always be “fixed” in that medium (sorry landscapers, case law is against you regarding physical landscapes).
If you’re wondering what you can have copyrights in, the Copyright Act gives a list of nonexclusive examples. Paraphrasing § 102 of the Copyright Act, copyrightable subject matter includes:
- Literary works (software source code is considered a literary work);
- Musical works;
- Dramatic works;
- Pantomimes and choreographic works;
- Pictorial, graphic, and sculptural works;
- Audiovisual works;
- Sound recordings; and
- Architectural works.
If you can get copyright protection so easily, why should you register your copyright? If you don’t, and a third party infringes on your copyright, you can only recover actual damages and actual profits. This means you must be able to prove either actual financial losses you incurred as a result of the infringement or that the infringer received profits from infringing. You are also entitled to an injunction, preventing infringers from continuing unauthorized uses.
But, if your copyright is registered before the infringement began (or within three months of first publication), the Copyright Act allows you to recover statutory damages, attorney’s fees, and costs. This is a very big deal, because damages may be hard to prove. With statutory damages, each work infringed entitles the copyright holder to an award between $750 and $30,000 in many cases. And, of course, being able to recoup attorney’s fees and costs is a bonus. Registering your copyright thus gives your copyright teeth, making infringers more responsive to demands.
Additionally, a copyright owner generally cannot file an infringement lawsuit until the copyright is registered. So, if you sue before registering your work, the court will likely dismiss your case. Thus, if you’re serious about protecting your creative, expressive work from being copied, consider registering it promptly to unlock a whole array of remedies.
About the author:
Nick Candido is a commercial litigation attorney who represents individuals and both privately held and public companies in a wide range of civil litigation matters. His work also includes a wide range of trademark services, including trademark registration and enforcement.
CONTACT: njcandido@phillipsmurrah.com | 405.552.4768
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