If you have questions about copyright registration, you’re not alone! Authors often ask us why they should register copyright in their works and when and how to do so. Read on for a primer on the benefits of copyright registration, how to register your copyright, and situations where you may want to update or supplement the Copyright Office’s record of your work.
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Copyright registration is a claim to copyright filed with the Copyright Office which creates a public record of facts about a copyrighted work, including authorship and ownership information. Although authors do not need to register their works in order to enjoy the protection of copyright law (under today’s copyright laws, copyright protection for original, creative works is automatic), timely registration has several benefits which make it an advantageous practice. For example, registration establishes a public record of ownership, registration is necessary before initiating an infringement suit, and registration within three months of publication (or prior to infringement of the work) opens up the possibility of statutory damages and attorneys’ fees. Read more about why registration is an advantageous practice for authors in our post Why Register Your Copyright?
Copyright registration includes three essential elements: a completed application form, a filing fee, and a “deposit” (a copy of the work submitted to the Copyright Office). To learn about how to register your works with the U.S. Copyright Office, read our post How to Register Your Copyright.
While copyright owners no longer need to renew registration under U.S. copyright law, there are several situations in which updating or supplementing the Copyright Office’s record of your work is beneficial (or, in the case of termination of transfer, required). Learn more about filing a supplementary registration, registering derivative works, recording transfers or copyright ownership and other documents pertaining to copyright, and recording terminations of transfers in our post on When to Update or Supplement a Copyright Registration.
It is worth noting that as a part of the its modernization plans, the Copyright Office has announced a forthcoming pilot program through which participants will be able to electronically submit for recordation most types of transfers of copyright ownership and other documents pertaining to a copyright. (Notices of termination will not be part of the pilot program when initially launched.) We applaud the Office’s modernization efforts and will provide updates as the program develops.