Copyright Public Information Office

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Dear Kelley Simich,

Copyright protection and registration

Copyright law protects a creative an original work of expression as soon as it is fixed in a perceivable medium. Essentially, that means that a work of expression is protected under copyright law as soon as you create it. What is protected is the expression in that work.

Once you create a work, you may choose to register your copyright with the U.S. Copyright Office. Registration is voluntary.

In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. However, registration is not a condition of copyright protection.

What does copyright law protect?

Copyright law protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, musical compositions and recordings, computer software, and architectural designs.

Rights of a claimant of copyright ownership in a work (“copyright owner” or “claimant”)

The owner of a copyright interest in a work has the following exclusive rights, whether registered or not:

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• Reproduce the work in copies or phonorecords

• Prepare derivative works based upon the work

• Distribute copies or phonorecords of the work to the public by sale or other transfer of ownership or by rental, lease, or lending

• Perform the work publicly if it is a literary, musical, dramatic, or choreographic work; a pantomime; or a motion picture or other audiovisual work

• Display the work publicly if it is a literary, musical, dramatic, or choreographic work; a pantomime; or a pictorial, graphic, or sculptural work. This right also applies to the individual images of a motion picture or other audiovisual work.

• Perform the work publicly by means of a digital audio transmission if the work is a sound recording

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(See Section 106, et seq., of the Copyright Act of 1976 (as amended).)

Copyright also gives the owner of copyright the right to authorize others to exercise these exclusive rights, subject to certain statutory limitations. The owner of a copyright interest may also apply a copyright notice to a copy of es work. Note that for works created since 1989, copyright notices are optional. See Circular 3.

Certain misconceptions result from the use of the term “copyrighted,” which is ambiguous and doesn’t really help in understanding of how modern copyright law works. I avoid it. As soon as you fix (that is, create) your creative and original work of expression, it is protected by copyright law. That is, copyright is automatic.

A copyright owner never needs permission from the Copyright Office to publicly perform, publish, or otherwise make use of a work that the owner claims. It is the owner’s property and the owner may decide to do whatever the owner wants to do with it, whenever the owner wants to do it. (There is no requirement to wait for the registration procedure to be complete before exercising any of the rights of a copyright owner.)

When the Copyright Office approves your application to register your claim of copyright ownership, it is registered (as well as being protected). So the two states of being are “protected” and “registered.” “Copyrighted” isn’t really a useful term in this context.

Benefits of registration

Even though registration is not a requirement for protection, the copyright law offers several inducements or advantages to encourage copyright owners to make registration, such as establishing a public record of the copyright claim and is needed if an infringement claim is filed in court.

These include:

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

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• 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.

• 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.

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

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Registration can be made at any time within the life of the copyright. If you register before publication, you do not have to re-register when the work is published, although you can register the published edition, if desired.

Note that neither copyright protection nor registration actually prevents infringement of your work, but it offers you tools and legal remedies in case someone does. It would be your responsibility to detect infringement and then bring legal action against the infringers.

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Sincerely,
Kingsleigh Kipling

Senior Information Specialist

Public Information Office, LM401
U.S. Copyright Office | Library of Congress
101 Independence Ave SE, Washington, DC 20559-6001
Phone: 877-476-0778 (toll free) | Fax: 202-252-2041
Email: copyinfo@copyright.gov | Web: www.copyright.gov/