How to register your work with the U.S. Copyright Office

We already explain what copyright is and whether choreographic work is copyrightable or not.  If you want more information on this subject, check out our previous blog Copyright Law and Choreography in our website.  Now let’s explain a little the basics of how to register your work with the U.S. Copyright Office, “the Office”. 

Why to register?

A work is protected as soon as it is created and is fixed in a tangible form of expression.  As an example: when the poem is written, when the music is recorded, etc.  Nonetheless, registration with the office is needed to establish a claim with them and for other benefits that we will discuss.

The application

An application contains three parts:

1.      the form;

2.      a nonrefundable filing fee; and

3.      a nonreturnable deposit.

The form contains the basic following facts:

1.      the title of the work;

2.      the author of the work;

3.      the name and address of the claimant or owner of the copyright;

4.      the year of creation;

5.      whether the work is published;

6.      whether the work has been previously registered; and

7.      whether the work includes preexisting material.

Always provide clear and accurate information when filling the application form.

How to submit the application?

An application can be submitted online through www.copyright.gov or on a paper application.  The Office encourages the online submission over the paper submission.

Fees

Fees are subject to change. For this reason, it is recommended to always access the latest information on fees on the Office’s website.  Remember that they are non-refundable and the application will not proceed without them.

Deposit

The deposit is the complete copy or copies of a work that must be submitted to register the work with the Office.  Important! The deposit submitted becomes part of the public record and can be viewed by members of the public upon request.

Deposit requirements

These requirements will vary depending on:

1.      Whether the work is published or unpublished;

2.      Whether the work is in a physical or digital format; and

3.      Whether the work was published in the United States or a foreign country.

Why register with the office?

In one of their circulars, the office explains that: “a certificate of registration creates a public record of key facts relating to the authorship and ownership of the claimed work, including the title of the work, the author of the work, the name and address of the claimant or copyright owner, the year of creation, and information about whether the work is published, has been previously registered, or includes preexisting material.” It also offers statutory advantages.

What statutory advantages does registration offers?

1.      Before an infringement suit may be filed in court, registration (or refusal) is necessary for U.S. works;

2.      Registration establishes prima facie evidence of the validity of the copyright and facts stated in the certificate when registration is made before or within five years of publication;

3.      When registration is made prior to infringement or within three months after publication of a work, a copyright owner is eligible for statutory damages, attorneys’ fees, and costs; and

4.      Registration permits a copyright owner to establish a record with the U.S. Customs and Border Protection for protection against the importation of infringing copies.

Realized that you have works that need copyright protection?  Have more doubts about the subject?  You can read more on our blog or contact us.  We’ll be happy to help.

“Fine dancing, I believe like virtue, must be its own reward. Those who are standing by are usually thinking of something very different.” – Jane Austen