Is registration necessary?

No. In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. Registration is not a condition of copyright protection.

Why bother registering?

Even though registration is not a requirement for protection, the copyright law provides several inducements or advantages to encourage copyright owners to make registration. Among these advantages are 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 attorneys' 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.
  


• 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. For additional information, request Publication No. 563, "How to Protect Your Intellectual Property Right," from the U.S. Customs Service.

For more information regarding the benefits of copyright registration, request Copyright Office Circular 1, section Copyright Registration and Copyright Office Circular 38b on non-U.S. works.

What is publication?

Publication has a technical meaning in copyright law. According to the statute, "Publication is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display constitutes publication. A public performance or display of a work does not of itself constitute publication." Generally, publication occurs on the date on which copies of the work are first made available to the public. For further information see Copyright Office Circular 1, section Publication. Publication is not necessary for copyright protection.

What is involved in the registration process?

Copyright registration involves:

• completing and filing the appropriate Application for Copyright Registration Form;
  


• payment of the appropriate filing fee; and
  


• submission of appropriate "deposit" materials.

Registration may be made at any time within the life of the copyright.

How long does the registration process take?

The time the Copyright Office requires to process an application varies, depending on the amount of material the office is receiving. Generally, a certificate of registration issues within eight to twelve months of submission. Upon the payment of a rush fee, it is possible to obtain a registration certificate within five to ten business days. For more information contact us at info@iph2.com.

What is a deposit?

A deposit is a sample of the work that is sought to be registered for copyright. The deposit is nonreturnable and deposit requirements vary in particular situations. If the work was first published in the United States on or after January 1, 1978, two complete copies or phonorecords of the best edition are required. If the work was first published in the United States before January 1, 1978, two complete copies or phonorecords of the work as first published are required. If the work is unpublished or was first published outside the United States, one complete copy or phonorecord of the work (as first published, if applicable) is required.

If sending multiple works, all applications, deposits, and fees should be sent in the same package. If possible, applications should be attached to the appropriate deposit. For more information regarding deposits of particular kinds of works, request Circulars 40a, 41, 44, 45, 50, 55, 56, 56a, 61, 62, 62a, 64, 65, and 66 at Copyright Office Circulars. Also note the information under "Special Deposit Requirements."

Can I submit a CD-ROM of my work?

Yes, you may. The deposit requirement consists of the best edition of the CD-ROM package of any work, including the accompanying operating software, instruction manual and a printed version, if included in the package. See Copyright Office Circular 55.

What if the deposit discloses trade secrets?

Providing the standard deposit may disclose trade secrets, because the deposit becomes accessible to the public. In this case, the copyright owner has two options:

• Deposit object code instead of source code. In this case, the Copyright Office will only grant the copyright under a "rule of doubt," which means that the Copyright Office is unable to verify that the submitted work is copyrightable. In a lawsuit, the copyright owner would have to prove this.
  


• Submit to the Copyright Office less source code and/or redact portions of the source code to prevent disclosure of trade secrets.

How much does registration cost?

The current fee filing fee is $30 per application. Generally, each work requires a separate application. For more information and updates as to fee changes, see Copyright Office Circular 4.

Forms for Original Registration

• Form PA for published and unpublished works of the performing arts (musical and dramatic works, pantomimes and choreographic works, motion pictures and other audiovisual works)
  


• Form SE for serials: works issued or intended to be issued in successive parts bearing numerical or chronological designations and intended to be continued indefinitely (periodicals, newspapers, magazines, newsletters, annuals, journals, etc.)
  


• Form SR for published and unpublished sound recordings
  


• Form TX for published and unpublished nondramatic literary works
  


• Form VA for published and unpublished works of the visual arts (pictorial, graphic, and sculptural works, including architectural works)
  


• Form G/DN, a specialized form to register a complete month's issues of a daily newspaper when certain conditions are met
  


• Short Form/SE and Form SE/GROUP, specialized SE forms for use when certain requirements are met
  


• Short Forms TX, PA, and VA, short versions of applications for original registration. For further information about using the short forms, request publication Copyright Office Short Forms.
  


• Form GATT and Form GATT/GRP, specialized forms to register a claim in a work or group of related works in which U.S. copyright was restored under the 1994 Uruguay Round Agreements Act (URAA). For further information, request Copyright Office Circular 38b.

Forms for Renewal Registration

• Form RE for claims to renew copyright in works copyrighted under the law in effect through December 31, 1977 (1909 Copyright Act) and registered during the initial 28-year copyright term
  


• Form RE Addendum, accompanies Form RE for claims to renew copyright in works copyrighted under the 1909 Copyright Act but never registered during their initial 28-year copyright term

Forms for Corrections and Amplifications

• Form CA for supplementary registration to correct or amplify information given in the Copyright Office record of an earlier registration

For a Group of Contributions to Periodicals

• Form GR/CP, an adjunct application to be used for registration of a group of contributions to periodicals in addition to an application Form TX, PA, or VA