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 Unlike the law before 1978, when a work has been registered in unpublished form, it is not necessary to make another registration when the work becomes published, although the copyright owner may register the published edition, if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.