U.S. Copyright Office Basics: "Copyright Registration"

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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 5 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 3 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. 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 Unlike the law before 1978, when a work has been registered in unpublished form, it is not necessary to make another registration when the work becomes published, although the copyright owner may register the published edition, if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.

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What Is Copyright?

Who Can Claim Copyright?

-----Copyright and National Origin of the Work

What Works Are Protected?

What Is Not Protected by Copyright?

How to Secure Copyright

Publication

Notice of Copyright

-----Form of Notice for Visually Perceptible Copies

-----Form of Notice for Phonorecords of Sound Recordings

-----Position of Notice

-----Publications Incorporating U.S. Government Works

-----Unpublished Works

-----Omission of Notice and Errors in Notice

How Long Copyright Protection Endures

Transfer of Copyright

-----Termination of Transfers

International Copyright Protection

Copyright Registration

Registration Procedures

-----Original Registration

-----Preregistration

-----Special Deposit Requirements

-----Unpublished Collections

Effective Date of Registration

Corrections and Amplifications of Existing Registrations

Mandatory Deposit for Works Published in the United States

Use of Mandatory Deposit to Satisfy Registration Requirements

Who May File an Application Form?

Application Forms

-----Fill-in Forms Available

Fees

Search of Copyright Office Records

For Further Information

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Source: U.S. Copyright Office
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Revised July 2006
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