Copyright registration makes a public record of the basic facts of a particular copyright. Even though registration is not a requirement for protection, the copyright law provides several incentives to encourage copyright owners to register. They include the following:
- Registration establishes a public record of the copyright claim;
- Before an infringement suit may be filed in court, registration is necessary for works of U.S. origin;
- If made before or within five years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate;
- If registration is made within three months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner; and
- Copyright registration allows the owner of the copyright to record the registration with the U.S. Customs Service for protection against the importation of infringing copies.
Registration may be made at any time within the life of the copyright. When a work has been registered in unpublished form, it is not necessary to make another registration when the work becomes published (although the copyright owner may register the published edition, if desired).
To register a work, send the following three elements in the same envelope or package to the Registrar of Copyrights, Copyright Office, Library of Congress, 101 Independence Ave. S.E., Washington, DC 20559-6000:
- a properly completed application form;
- a nonrefundable filing fee of $30 (effective through June 30, 2002) for each application; and
- a nonreturnable deposit of the work that is being registered. The deposit requirements vary in particular situations. Contact the Copyright Office for current information on fees and special requirements.
A copyright registration is effective on the date the Copyright Office receives all of the required elements in acceptable form, regardless of how long it takes to process the application and mail the certificate of registration. The time the Copyright Office requires to process an application varies, depending on the amount of material the office is receiving. If you apply for copyright registration, you will not receive an acknowledgment that your application has been received, but you can expect a letter or telephone call from a Copyright Office staff member if further information is needed.
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