How Old Do You Have to Be to Copyright Something? Find Out!

If you’re a young artist, musician, or writer who’s just finished an original creation like a painting, song, or story, you may wonder: can you legally protect this work? You might also be asking if copyright law applies to everyone the same way, regardless of age.

Copyright protects original works of authorship by giving creators exclusive control over how their work is used. But when it comes to minors, understanding these laws can be a bit confusing.

If you’re under 18, do you still have the same protections? And how can you, as a minor, secure the rights to your work?

How Old Do You Have to Be to Copyright Something?

In the U.S., there is no minimum age to hold a copyright. This protection extends to both published and unpublished works as well as those that have been first published in the United States.

Under the U.S. Copyright Act, copyright protection begins automatically as soon as an original work is created and fixed in a tangible medium of expression, such as written, digitally saved, or recorded. This applies to creators of any age, including children, who automatically own the copyright to their works.

Section 102 of the U.S. Copyright Act specifies that protection covers “original works of authorship,” including literary, musical, and artistic creations, regardless of the creator’s age.

Meaning, that copyright basics or Circular 1 dictate that a work is protected by copyright the moment it is made, whether it’s a child writing a poem or an adult composing music.

Regarding copyright registration, minors are allowed to register their works. The law does not specify a minimum age for submitting a copyright registration application.

The only requirement is that the applicant has legal authority over the copyright, which minors have unless transferring or managing those rights, in which case a parent or guardian may need to intervene.

International copyright relations under agreements like the Berne Convention follow the same principles as the U.S. This ensures that protection is automatic at the time of creation, regardless of age.

Can Minors Copyright Their Work?

Yes, minors can copyright their work. Children or teenagers who create works like drawings, poems, or songs immediately own the copyright, just like any adult. The age of the creator has no impact on this automatic protection, as copyright, in general, applies the same to everyone.

Although minors hold copyright to their works, they may face challenges in managing their intellectual property rights.

For instance, minors usually cannot enter binding legal contracts without a parent or guardian’s consent. This includes agreements for selling, licensing or transferring their copyright or trademark, where adult involvement may be necessary.

However, minors are still the legal owners of their creative works and retain full copyright ownership. Adult intervention is primarily needed for legal matters, but it does not affect the minor’s status as the author of the work and the official copyright claimant.

One well-known example is Malala Yousafzai, who published her memoir, “I Am Malala” at age 16 and was named as the copyright claimant for her work.

Additionally, young musicians and artists are often copyright holders of their artworks, musical works or sound recordings, and original compositions.

Let’s take Billie Eilish as an example. She wrote and recorded music at a young age and owned the copyright to her early works, which allowed her to maintain control over her music career from a legal standpoint.

Young content creators who produce digital content, like vlogs, are similarly protected by U.S. copyright laws from the moment they create their work.

Is Parental Consent Required for Copyright Registration?

No, parental consent is not required for minors to register a work with the U.S Copyright Office. According to the U.S. Copyright Act, minors can apply to register a copyright in their own name without needing permission from a parent or guardian.

The law treats minors the same as adults in terms of owning and registering copyrights, with no specific age-related restrictions in the registration process.

Minors can independently complete the standard registration process since they only need to submit the required application — be it an online application or even using a paper application — a copy of the work and the fee. A parent or legal guardian is not required to submit the application on their behalf.

However, while minors can register their copyright without parental consent, entering into contracts related to their work, such as licensing agreements or sales, is different.

Minors generally cannot enter into binding contracts without adult supervision due to contract law. For these agreements, parental or guardian consent is typically necessary.

For instance, if a young creator wants to sell the rights to their copyrighted work or license it for commercial use, a parent or guardian would need to approve and sign the contract. This is not a copyright law restriction, but rather a general limitation in contract law that applies to minors.