As
a published author, we are sure you have several questions regarding the
benefits of a US copyrights and process of having a copyright applied to your
work.
Most
of your general questions regarding US Copyright can be answered at: http://www.copyright.gov/help/faq/
The
below information is a section from the Copyright Basics document http://www.copyright.gov/circs/circ1.pdf
that reviews the registration of a copyright. We recommend authors use Option 1 Online Registration. The other
two options are also listed for your information.
Copyright Registration
In
general, copyright registration is a legal formality intended to make a public
record of the basic facts of a particular copyright. However, registration is
not a condition of copyright protection. Even though registration is not a
requirement for protection, the copyright law provides several inducements or
advantages to encourage copyright owners to make registration.
Among
these advantages are the following:
•
Registration establishes a public record of the copyright claim.
•
Before an infringement suit may be filed in court, registration is necessary
for works of U. S. origin.
•
If made before or within five years of publication, registration will establish
prima facie evidence in court of the validity of the copyright and of the facts
stated in the certificate.
•
If registration is made within three months after publication of the work or
prior to an infringement of the work, statutory damages and attorney’s fees
will be available to the copyright owner in court actions. Otherwise, only an
award of actual damages and profits is available to the copyright owner.
•
Registration allows the owner of the copyright to record the registration with
the U. S. Customs Service for protection against the importation of infringing
copies. For additional information, go to the U. S. Customs and Border
Protection website at www.cbp.gov/xp/cgov/impor
Click
on “Intellectual Property Rights.” Registration may be made at any time within
the life of the copyright. Unlike the law before 1978, when a work has been
registered in unpublished form, it is not necessary to make another
registration when the work becomes published, although the copyright owner may
register the published edition, if desired.
Registration Procedures
Filing an Original Claim
to Copyright with the U.S. Copyright Office
An
application for copyright registration contains three essential elements: a
completed application form, a nonrefundable filing fee, and a non-returnable
deposit—that is, a
copy
or copies of the work being registered and “deposited” with the Copyright
Office.
A
copyright registration is effective on the date the Copyright Office receives
all required elements in acceptable form, regardless of how long it takes to
process the application and mail the certificate of registration. The time
needed to process applications varies depending on the amount of material the
Office is receiving and the method of application.
Here
are the options for registering your copyright, beginning with the fastest and
most cost-effective method.
Option 1: Online
Registration http://www.copyright.gov/eco/index.html
Online
registration through the electronic Copyright Office (eCO) is the preferred way
to register basic claims for literary works; visual arts works; performing arts
works, including motion pictures; sound recordings; and single serials.
Advantages of online filing include
•
a lower filing fee
•
fastest processing time
•
online status tracking
•
secure payment by credit or debit card, electronic check, or Copyright Office
deposit account
•
the ability to upload certain categories of deposits directly into eCO as
electronic files
Note: You can still register
using eCO and save money even if you will submit a hard-copy deposit, which is
required under the mandatory deposit requirements for published works. The
system will prompt you to specify whether you intend to submit an electronic or
a hard-copy deposit, and it will provide instructions accordingly.
Option 2: Registration
with Fill-In Form CO http://www.copyright.gov/forms/
The
next best option for registering basic claims is the new fill-in Form CO. Using
2-d barcode scanning technology, the Office can process these forms much faster
and more efficiently than paper forms completed manually. Simply complete Form
CO on your personal computer, print it out, and mail it along with a check or
money order and your deposit.
To
access Form CO, go the Copyright Office website and click on Forms. Do not save
your filled-out Form CO and reuse it for another registration. The 2-d barcode
it contains is unique for each work that you register.
Option 3: Registration
with Paper Forms http://www.copyright.gov/forms/formrequest.html
Paper
versions of Form TX (literary works); Form VA (visual arts works); Form PA
(performing arts works, including motion pictures); Form SR (sound recordings);
and Form SE (single serials) are still available. They are not available on the
Copyright Office website; however, staff will send them to you by postal mail
upon request. Remember that online registration through eCO and fill-in Form CO
(see above) can be used for the categories of works applicable to Forms TX, VA,
PA, SR, and SE.