Copyright Registration - An overview by Experienced Copyright Attorneys
Copyright registration is the process of officially recording your creative work with the U.S. Copyright Office. US Copyright protection extends to original works of authorship that are fixed in a tangible form: e.g., on paper, canvas, glass, or other surface in the case of a drawing or painting or the like; in metal, stone, ceramic or other formable material in the case of sculpture or other three-dimensional design; on celluloid, photo paper, or in a digital memory device in the case of videos and photographs; on paper or digital memory device in the case of written works, etc.
Not just any written work or graphic design may be copyrightable, it must have a minimal degree of creativity in order to qualify as a protectable work. There are many different kinds of works of authorship protectable under US copyright statutes, including literary and textual works, musical compositions, music lyrics, musical recordings, recorded performances in audio and or visual mediums such as audio books and radio dramas, choreographic works, pictorial and graphic works, sculpture, art installations, and other three-dimensional artworks, films and other audiovisual works, architecture, software, and more. A work produced in any of these categories with the requisite level of creative expression is protectable under US copyright law.
Why Register Your Copyright
Registering your copyright is not just a formality; it’s a powerful tool that places you in a stronger legal position should you ever need to enforce your rights in your work. The registration serves as a public record, notifying others that your work is protected and that you are the identifiable owner. This public notice can deter potential infringers who might otherwise assume that your work is free for use.
Copyright registration is a powerful tool in copyright disputes as well. Copyrights registered with the U.S. Copyright Office allow the pursuit of infringement lawsuits in federal court, a critical advantage for U.S. copyright owners. The registration provides a presumption of ownership that allows you to file a copyright infringement lawsuit in federal court.
Registering your copyright also provides prima facie evidence of its validity, if done within five years of publication. See
17 U.S.C. § 410(c). Thus, copyright registration, if done within the first years after publication, shifts the burden of proof to the alleged infringer with respect to not only ownership of the work, but also the validity of the copyrights in the work. Registering your works with the US Copyright Office early puts you in a highly advantaged position against any potential infringers.
Copyright registration also solidifies your claim over your creation, creating a publicly recorded asset that can facilitate licensing, selling, or other commercial use of the work. Overall, registering your copyright reinforces your rights as a creator and secures the fruits of your labor.
Copyright Protection Provided by Registration
Copyrights safeguard a wide array of original works, ranging from literary works like poetry and novels to musical works, compositions, and sound recording. This protection ensures that your written, musical, and other forms of expression remain under your control, allowing you to decide how they are used and disseminated, preventing unauthorized use of your creative work.
Copyright holders have a specific set of rights in their creative work, including the right to reproduce the work, to prepare derivative works of the original (a variation on the original with new creative additions), to publish or publicly display the work, and to license or transfer ownership in the work. Copyrights do not protect against independently developed works that happen to resemble the copyright holder’s original work. Thus, if the suspected infringer had no access to the copyright holder’s work, there can be no infringement.
US copyright law does not protect ideas or concepts, nor does it extend protection to titles, slogans, product names (see
trademarks), common graphics, or symbols (e.g., the fleur-di-lis). Copyright protection does not extend to the “use” of a work, but only to reproduction (copying) of the work. For example, a purchaser of a copyrighted recipe book is free to use the recipes to prepare food, but may not reproduce the book itself. The same is true for such things as the rules of a card or board game, recipes, business plans, or processes. Facts and data are also excluded from copyright protection, as there is no creativity in publishing prosaic information.
For works created in the US after January 1, 1978 copyrights immediately come into being when the work of authorship is created and fixed in a tangible medium. A tangible medium can be virtually anything that allows the work of authorship to be preserved for more than a short period - e.g., a document on rewritable flash drive. However, it is important to register the copyrights in any valuable work of authorship. The registration is an important tool for protecting your intellectual property rights. To illustrate, in order to bring a lawsuit to enforce a copyright against infringers, the copyright in the work must be registered with the
Library of Congress.
A registration allows the registrant to pursue statutory damages, attorney’s fees, and costs when the registration is filed before an infringement occurs or if the copyright was registered within three months of publication of the work. A registration also allows for the prevention of the importation of illegal copies of the work through U.S. Customs and web-based takedowns of infringing copies of your works by virtue of the
Digital Millennium Copyright Act. Social media sites like Facebook, Instagram, YouTube, and digital marketplaces like Amazon are responsive to takedown requests when the copyright claim is supported by a registration.
These attributes of a copyright registration are potent tools. For example, statutory damages are established by
section 504 of the Copyright Act and range between $750 and $30,000 per work infringed. Where an infringer has copied a set of photographs (e.g., pulled without permission from a website), a separate statutory damages award will be recoverable for the infringement of each photograph. The particular amount of each award is determined by the finder of fact (judge or jury). If the infringement is willful and intentional, the statutory damages can be increased up to $150,000 per work infringed.
Steps to Register Your Work
Registering your work involves several steps that require careful attention to detail. The first stage is completing an application through the Electronic Copyright Office (eCO) portal. This portal allows you to submit your work electronically, ensuring a faster and more efficient registration process. Choosing a distinctive title for your work makes it easily identifiable.
You will need to submit one or two copies of your work depending on its publication status. When submitting your work, you can provide an electronic copy under specific conditions, such as if the work is unpublished or published only in digital format. Once your copyright registration certificate is issued, any necessary corrections can be made through a Supplemental Registration, although this incurs additional fees. This supplemental registration can update or clarify details of the work, e.g., updates to a novel or non-fiction book.
Following these steps ensures your work is registered correctly and efficiently, providing legal protection and peace of mind. To ensure this, you should register your work.
Requirements for Registration
Several requirements must be met to successfully register your work. A completed application form is required for any copyright registration submission. The information in this form must be accurate, as it directly affects the registration record. It includes identification of the author(s), identification of the applicant(s), the creation date, the publication information, the type of work, any disclaimer(s) of any content in the work that was not created by the author(s), and the title of the work. Titles used in the standard application should be clear and specific to ensure that the work is easily identifiable. Choosing a unique title that accurately reflects your work’s content is also important. Providing accurate information in the application maintains the integrity of the public record and ensures your rights are protected.
In addition to the application form, you must provide a nonreturnable complete copy of the work intended for registration. If you are registering online, you can submit an electronic copy of the work, though a hard copy may be required later.
Registering your work can also satisfy the mandatory deposit requirement with the Library of Congress, ensuring that your work is preserved as part of the nation’s cultural heritage. Mandatory deposit is a legal requirement under U.S. copyright law (17 U.S.C. § 407) that obligates copyright owners or distributors to provide the Library of Congress with two copies of the best edition of a published work within three months of publication. For works published abroad but distributed in the United States, the requirement is reduced to one copy. The purpose of mandatory deposit is to enrich the Library’s collections and ensure cultural preservation.
Failure to comply with the mandatory deposit requirement may result in fines, with the Copyright Office authorized to issue demands for compliance. Additionally, failure to deposit does not directly affect copyright protection but may impact the Library of Congress's ability to collect and preserve significant works. Foreign publishers distributing in the U.S. are also subject to this requirement, ensuring that culturally significant works, both domestic and international, are available in the Library's archives.
The penalties for failing to comply with the mandatory deposit requirement under
17 U.S.C. § 407 include financial repercussions. If the required deposit is not made within three months of receiving a formal demand from the Copyright Office, the copyright owner may face a fine of up to $250 per work and payment of the total retail price of the demanded work or its reasonable acquisition cost if the retail price is not available; and for willful or repeated non-compliance, an additional fine of $2,500 may be imposed. These penalties are designed to enforce compliance and ensure that the Library of Congress maintains comprehensive collections for public benefit.
Registering a Group of Unpublished Works
The U.S. Copyright Office allows the registration of multiple unpublished works in a single application, known as Group Registration of Unpublished Works (GRUW), regarding registering a group. This option is available for up to ten unpublished works by the same author or co-authors. This streamlined process helps creators protect their body of work without multiple applications.
All works submitted under GRUW must be unpublished and created by the same author or co-authors. Each work must be submitted in a separate electronic file; combining multiple works into one file may result in refusal of registration. Authors must provide a title for each unpublished work. Descriptive titles can be used in lieu of actual titles.
The eCO portal facilitates the registration of multiple works in a single application, enhancing efficiency of the registration process. Taking advantage of this option allows creators to efficiently secure copyright protection for their unpublished works through the work registration portal.
How to Correct or Update a Registration
Sometimes errors are made in a copyright application by the applicant, or the Copyright Office may make an error in an issued copyright registration. Correcting or updating your registration is straightforward. Minor corrections can be requested directly from the U.S. Copyright Office practices if the application is still in processing. If the Copyright Office makes an error, report it for correction, which will be done at no charge.
Inaccuracies in a registration may not necessarily invalidate it unless they are deemed significant to an infringement case. An important note regarding registering is that promptly addressing any errors or inaccuracies ensures your registration remains valid and accurately reflects your work.
Using the Electronic Copyright Office (eCO) Portal
The Electronic Copyright Office (eCO) registration portal is a convenient tool to register online your work. To use the eCO portal, complete an application, pay the required fee, and submit your work. You can upload an electronic version of your work if it is unpublished or published online only in digital format.
The eCO portal allows you to track the status of your claim by logging into the system and clicking on your case number to view the Case Summary. The eCO system allows users to save a New Claim as a Template, simplifying the management of multiple claims without re-entering duplicate information. Utilizing the eCO portal streamlines the registration process and ensures efficient protection of your work.
Understanding Statutory Damages and Attorneys Fees
Registration is crucial for filing an infringement suit and claiming statutory damages. When you register your work with the U.S. Copyright Office, you become eligible for statutory damages and attorneys’ fees. To be eligible for statutory damages and attorneys’ fees in infringement cases, your copyright must be registered before the infringement occurs. Statutory damages can significantly enhance your ability to enforce your rights and seek compensation for unauthorized use of your work. These benefits underscore the importance of timely copyright registration.
You should also use copyright notice to deter infringement and head off claims of unknowing or "innocent" infringement. Providing a copyright notice serves as a clear declaration of ownership, and making it more difficult for them to claim innocent infringement. In the event of infringement, a copyright notice can be helpful in establishing that the infringer was aware of the copyright. This can be a factor in determining the amount of damages awarded in a copyright infringement lawsuit . While the absence of a copyright notice doesn't excuse infringement, its presence can strengthen the copyright owner's case and potentially increase the damages awarded. The copyright notice requires the word “Copyright” or an abbreviation such as the symbol ©, the year of publication, and the name of the author or owner (e.g., © 2020 Jane Author).
Contact our Office for Assistance with your Copyright Needs
Copyright registration is a vital step in protecting your creative works. Content creators of all kinds should consider the
benefits of copyright registration and the protections it offers for their valuable creative works. We encourage you to take action and register your works at the earliest possible time. If you need assistance with any copyright matter, please contact our office for a free consultation.