Definition of Copyright Registration

The "C in a circle" indicates that a work is protected by copyright.

The U.S. Copyright Office defines copyright registration as “a legal formality intended to make a public record of the basic facts of a particular copyright.” A copyright registration allows copyright owners to file lawsuit against infringers, to win damages in court and to record the registration with the U.S. Customs Service so it may block the importation of infringing materials. A copyright is a form of intellectual property protection for authors and creators provided by the Copyright Law of the United States (Title 17 of the U.S. Code). It confers to the author or his licensee the exclusive rights to reproduce, distribute, perform, display, broadcast, or to produce works derived from the original.

How to Register a Copyright

To register a copyright, you must complete an application form (form CO), pay a filing fee and deposit copies of the work being registered with the copyright office. The U.S. Copyright Office recommends electronic filing for “literary works; visual arts works; performing arts works, including motion pictures; sound recordings; and single serials.” Online registration for these types of works has a lower filing fee and a faster processing time, and it allows you to track the status of your registration. You may also download and print Form CO, complete it and mail in the hard copy.

Processing of Registration

Registration is effective on the date that the Copyright Office receives the application form and its accompanying supporting materials. Only electronic filers will receive notice that the Copyright Office has received a complete submission. The Copyright Office will send every filer a Certificate of Registration after it processes his submission. Processing times vary, but registrations filed electronically are usually processed within six months and those filed with paper forms are usually processed within 22 months.

Eligibility for Copyright Registration

The author of a work, her agent, or a person or organization that has contractually obtained the right to the underlying copyright of a work is eligible under law to register a copyright. If a work has been produced by an employee of an organization as part of his job, the employer may register the copyright.

Types of Eligible Works

Title 17 of the U.S. Code makes copyrights available for all “original works of authorship.” It specifies the following types of works are eligible for copyright: Literary works, musical works (including any accompanying words); dramatic works (including any accompanying music); pantomimes and choreographic works, pictorial, graphic and sculptural works; motion pictures and other audiovisual works; sound recordings; and architectural works.

Ineligible Works

Some types of works are ineligible for copyright protection in the United States. You cannot register a copyright for titles or short phrases. A raw idea, concept, principle or discovery cannot be copyrighted unless it is fixed in a tangible form. Works consisting of widely known facts, such as calendars or tables of measurement, cannot be copyrighted.

References

• U.S. Copyright Office: Copyright Basics
• U.S. Copyright Office: Copyright Law of the United States

Resources

• The Publishing Law Center: Advantages of Copyright Registration