How to File a Copyright

The U.S. Copyright Office exists to provide creators of original work exclusive rights to reproduction, performance, or distribution. Obtaining a copyright gives you legal protection against infringement on your work. Here's how to get started on the copyright process.

Difficulty: Easy

Instructions

Things You'll Need:

• postage
• envelopes

How to Secure a copyright for your original work.

1. Understand what a copyright is. Copyright applies to both published and unpublished work. While it is not necessary to obtain a copyright from the U.S. Copyright Office before submitting a work for publication (for example), it does ensure the work is yours, and yours alone. Having a copyright does not prevent someone from stealing your work, but it makes your case against infringement airtight in the event someone does try to pass off your work as their own. An official copyright from the copyright office is useful only if you bring a case against someone in court for stealing your original work.

2. Obtain the paperwork. Everything you need to secure a copyright is online at www.copyright.gov. Forms may be downloaded and printed from this site, along with all the necessary instructions. Plan on submitting a hard copy or recording with the forms, which will not be returned to you. The forms are straightforward and easy to follow. They will require a title for the work, author information, and other such information. The basic forms are about two pages long and can be completed in a few minutes. The current rate (as of July 2007) is $45 for any single work.

3. Hurry up and wait. Provided everything goes smoothly, and the forms are filled out correctly, you can plan on a wait of eight months or so before the U.S. Copyright Office sends you a certificate of registration.

4. Think twice before applying for a copyright. Obtaining a U.S. copyright does not mean your work has been published. Furthermore, it is not necessary to place a copyright notice on your work before submitting it for publication. Publishers are well-versed in basic copyright law, and know the work you are submitting is already protected. In the event your copyrighted work is published, you may actually be creating a headache for the publisher depending on the nature of your publishing contract. It's usually better to submit your already-legally protected work without a certificate of registration, and let the publisher handle the copyright details if your work is purchased.

Tips & Warnings

• The moment you create a work--such as poetry, novels, movies, songs, computer software, and architecture--that work is yours, and automatically protected by law from anyone else trying to use it. Your work is protected from the moment it is fixed in a "tangible form" that it is perceptible either directly or with the aid of a machine or device, e.g. a DVD player, printed page, or other recording.
• The "poor man's copyright"--sending a copy of the work to yourself through the mail--is essentially an old wives's tale. Your work is protected by law the moment it is created. Only an official copyright registration can be used in court, however.
• Applying for a copyright for websites and web content is slightly different than that of printed or other recorded works. The process for registering a website and its content is found in "Circular 66," Copyright Registration for Online Works.
• Copyright protection does not extend to names, titles, slogans, or short phrases. These things may be protected as trademarks, however.
• When you register your copyright to a work with the U.S. Copyright Office, you are making a public record. All the information you provide on your copyright registration is available to the public and will be available on the Internet.

Resources

• The U.S. Copyright office