U. S. Copyright Law - Page 6
U.S. Copyright Registration
Copyright registration creates a public record of a copyright. It is generally not a condition of copyright protection, but there are several advantages to formal registration.
Advantages of registration
- 1. Copyright registration creates a public record of the copyright claim.
- 2. For U.S. works, registration is generally required to start a lawsuit for copyright infringement.
- 3. It establishes prima facie evidence in court of the copyright’s validity and pertinent facts when registration is made before or within five years of publication.
- 4. It opens the door to statutory damages and attorney’s fees to the copyright owner when registration is made within three months after publication of the work or prior to an infringement of the work. Otherwise, only and award of actual damages and profits is available.
- 5. It allows the copyright owner to protect against the importation of infringing copies by registering the copyright with U.S.Customs Service.
- Note: For more about protection against the importation of infringing copies, contact the Commissioner of Customs/Attention: IPR Branch.
How to Register a Copyright
The registration of a copyright is a mechanical matter. You need to complete the proper forms and send them to the Copyright Office. A filing fee of $20 is required for each design.
Each design requires a form
For registration purposes, all copyrightable elements that are included in a single unit of publication, and in which the copyright claimant is the same, may be considered a single work. (This applies to individual elements in a single design. It does not cover rug "collections." Each design in a collection requires a separate registration.
A non-returnable "deposit" of the work being registered.
The deposit requirement differs depending on what is being copyrighted. For example, the Copyright Office doesn’t want to receive a rug. A color photo, showing the design, is acceptable, and only one copy is needed.
Obtaining information
from the US Copyright Office
Contact the Copyright Office, Library of Congress,101 Independence Ave., S.E. Washington, D.C. 20540. Washington, D.C. 20559-6000 and request Form VA, for published and unpublished works of the visual arts (pictorial, graphic and sculptural works, including architectural works).
The U.S. copyright office's website is extremely helpful. http://www.loc.gov/copyright Forms can also be downloaded from the website.
Effective date of registration
A copyright is considered registered on the date that the copyright office receives all of the required elements in acceptable form. The registration date is not affected by the length of time it takes the copyright office to process the application and mail the certificate of registration.
What to expect from the copyright office
The copyright office will send you a certificate of registration to indicate the work has been registered or a letter of explanation if it has been rejected.
The office may also contact you by letter or phone call, if further information is needed.
Don’t expect an acknowledgment of receipt. The office receives more than 600,000 applications annually. To verify receipt and the date, send packages via registered of certified mail with a return receipt requested.
Time frame
Processing time varies and depends upon the workload and staff availability at any given time. Certificates of registration can take several months to be mailed.
Application can be processed on an expedited basis—usually in a week or two—for a pressing reason such as ongoing infringement or potential litigation. In addition to the $20 registration fee, there is a $500 fee for such "special handling." Requests for special handling also need to be accompanied by a letter explaining the need for special handling. The requests must be sent to Library of Congress, Department 100, 101 Independence Ave., S.E. Washington, D.C. 20540.