WHAT COPYRIGHT IS
Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of
“original works of authorship” including literary, dramatic, musical, artistic,
and certain other intellectual works. This protection is available to both published and
unpublished works. Section 106 of
the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do
and to authorize others to do the following:
- To reproduce the copyrighted work in copies or phonorecords;
- To prepare derivative works based upon the copyrighted work;
- To distribute copies or phonorecords of the copyrighted work to the public
by sale or other transfer of ownership, or by rental, lease, or lending;
- To perform the copyrighted work publicly, in the case of literary,
musical, dramatic, and choreographic works, pantomimes, and motion pictures and other
audiovisual works;
- To display the copyrighted work publicly, in the case of literary,
musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or
sculptural works, including the individual images of a motion picture or other audiovisual
work; and
- In the case of sound recordings, to perform the work publicly by means of a digital
audio transmission.
In addition, certain authors of works of visual art have the rights of attribution and
integrity as described in section 106A
of the 1976 Copyright Act. For further information, request Circular 40, “Copyright Registration
for Works of the Visual Arts.”
It is illegal for anyone to violate any of the rights provided by the copyright code to
the owner of copyright. These rights, however, are not unlimited in scope. Sections 107 through 120 of the 1976 Copyright Act establish
limitations on these rights. In some cases, these limitations are specified exemptions
from copyright liability. One major limitation is the doctrine of “fair use,”
which is given a statutory basis in section
107 of the 1976 Copyright Act. In other instances, the limitation takes the form of a
“compulsory license” under which certain limited uses of copyrighted works are
permitted upon payment of specified royalties and compliance with statutory conditions.
For further information about the limitations of any of these rights, consult the
copyright code or write to the Copyright Office.
WHO CAN CLAIM COPYRIGHT
Copyright protection subsists from the time the work is created in fixed form. The
copyright in the work of authorship immediately becomes the property of the
author who created the work. Only the author or those deriving their rights through the
author can rightfully claim copyright.
In the case of works made for hire, the employer and not the employee is considered to
be the author. Section 101 of the
copyright statute defines a “work made for hire” as:
- (1) a work prepared by an employee within the scope of his or her employment; or
- (2) a work specially ordered or commissioned for use as a contribution to a collective
work, as a part of a motion picture or other audiovisual work, as a translation, as a
supplementary work, as a compilation, as an instructional text, as a test, as answer
material for a test, or as an atlas, if the parties expressly agree in a written
instrument signed by them that the work shall be considered a work made for hire….
The authors of a joint work are co-owners of the copyright in the work, unless there is
an agreement to the contrary.
Copyright in each separate contribution to a periodical or other collective work is
distinct from copyright in the collective work as a whole and vests initially with the
author of the contribution.
Two General Principles
- Mere ownership of a book, manuscript, painting, or any other copy or phonorecord does
not give the possessor the copyright. The law provides that transfer of ownership of any
material object that embodies a protected work does not of itself convey any rights in the
copyright.
- Minors may claim copyright, but state laws may regulate the business dealings involving
copyrights owned by minors. For information on relevant state laws, consult an attorney.
COPYRIGHT AND NATIONAL ORIGIN OF THE WORK
Copyright protection is available for all unpublished works, regardless of the
nationality or domicile of the author. Published works are eligible for copyright
protection in the United States if any one of the following conditions is
met:
- On the date of first publication, one or more of the authors is a national or
domiciliary of the United States or is a national, domiciliary, or sovereign authority of
a foreign nation that is a party to a copyright treaty to which the United States is also
a party, or is a stateless person wherever that person may be domiciled; or
- The work is first published in the United States or in a foreign nation that, on the
date of first publication, is a party to the Universal Copyright Convention; or the work
comes within the scope of a Presidential proclamation; or
- The work is first published on or after March 1, 1989, in a foreign nation that on the
date of first publication is a party to the Berne Convention; or, if the work is not first
published in a country party to the Berne Convention, it is published (on or after March
1,1989) within 30 days of first publication in a country that is party to the Berne
Convention; or the work, first published on or after March 1, 1989, is a pictorial,
graphic, or sculptural work that is incorporated in a permanent structure located in the
United States; or, if the work, first published on or after March 1, 1989, is a published
audiovisual work, all the authors are legal entities with headquarters in the United
States.
- The work is a foreign work that was in the public domain in the United States prior to
1996 and its copyright was restored under the Uruguay Round Agreements Act (URAA). Request
Circular 38b, “Highlights of
Copyright Amendments Contained in the Uruguay Round Agreement Act (URAA-GATT),” for
further information.
WHAT WORKS ARE PROTECTED
Copyright protects “original works of authorship” that are fixed in a
tangible form of expression. The fixation need not be directly perceptible so long as it
may be communicated with the aid of a machine or device. Copyrightable works include the
following categories:
- (1) literary works;
- (2) musical works, including any accompanying words
- (3) dramatic works, including any accompanying music
- (4) pantomimes and choreographic works
- (5) pictorial, graphic, and sculptural works
- (6) motion pictures and other audiovisual works
- (7) sound recordings
- (8) architectural works
These categories should be viewed broadly. For example, computer programs and most
“compilations” may be registered as “literary works”; maps and
architectural plans may be registered as “pictorial, graphic, and sculptural
works.”
WHAT IS NOT PROTECTED BY COPYRIGHT
Several categories of material are generally not eligible for Federal copyright
protection. These include among others:
- Works that have not been fixed in a tangible form of expression, (for
example, choreographic works that have not been notated or recorded, or improvisational
speeches or performances that have not been written or recorded).
- Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations
of typographic ornamentation, lettering, or coloring; mere listings of ingredients or
contents.
- Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or
devices, as distinguished from a description, explanation, or illustration.
- Works consisting entirelyof information that is common property and
containing no original authorship (for example: standard calendars, height and weight
charts, tape measures and rulers, and lists or tables taken from public documents or other
common sources).
HOW TO SECURE A COPYRIGHT
Copyright Secured Automatically Upon Creation
The way in which copyright protection is secured is frequently misunderstood. No
publication or registration or other action in the Copyright Office is required to secure
copyright. (See following NOTE.) There are, however, certain definite advantages to
registration. See “Copyright Registration” on page 6..
Copyright is secured automatically when the work is created, and a work
is “created” when it is fixed in a copy or phonorecord for the first time.
“Copies” are material objects from which a work can be read or visually
perceived either directly or with the aid of a machine or device, such as books,
manuscripts, sheet music, film, videotape, or microfilm. “Phonorecords” are
material objects embodying fixations of sounds (excluding, by statutory definition, motion
picture soundtracks), such as cassette tapes, CDs, or LPs. Thus, for example, a song (the
“work”) can be fixed in sheet music (“copies”) or in phonograph disks
(“phonorecords”), or both.
If a work is prepared over a period of time, the part of the work that is fixed on a
particular date constitutes the created work as of that date.
PUBLICATION
Publication is no longer the key to obtaining Federal copyright as it was under the
Copyright Act of 1909. However, publication remains important to copyright owners. The
1976 Copyright Act defines publication as follows:
The Copyright Act defines publication as follows:
“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.
| NOTE: Before 1978, Federal copyright was
generally secured by the act of publication with notice of copyright, assuming compliance
with all other relevant statutory conditions. U.S. works in the public domain on January
1, 1978, (for example, works published without satisfying all conditions for securing
Federal copyright under the Copyright Act of 1909) remain in the public domain under the
1976 Copyright Act. Certain foreign works originally published without notice had their
copyrights restored under the Uruguay Round Agreements Act (URAA). Request Circular 38b
and see the “Notice of Copyright” section on page 4 of this publication for
further information. Federal copyright could also be secured before 1978 by the act of
registration in the case of certain unpublished works and works eligible for ad interim
copyright. The 1976 Copyright Act automatically extends to full term (section 304 sets the term) copyright
for all works including those subject to ad interim copyright if ad interim registration
has been made on or before June 30, 1978. |
A further discussion of the definition of “publication” can be found in the
legislative history of the 1976 Copyright Act. The legislative reports define “to the
public” as distribution to persons under no explicit or implicit restrictions with
respect to disclosure of the contents. The reports state that the definition makes it
clear that the sale of phonorecords constitutes publication of the underlying work, for
example, the musical, dramatic, or literary work embodied in a phonorecord. The reports
also state that it is clear that any form of dissemination in which the material object
does not change hands, for example, performances or displays on television, is not
a publication no matter how many people are exposed to the work. However, when copies or
phonorecords are offered for sale or lease to a group of wholesalers, broadcasters, or
motion picture theaters, publication does take place if the purpose is further
distribution, public performance, or public display.
Publication is an important concept in the copyright for several reasons:
- Works that are published in the United States are subject to mandatory deposit with the
Library of Congress. See discussion on “Mandatory Deposit for Works Published in the
United States” page 9.
- Publication of a work can affect the limitations on the exclusive rights of the
copyright owner that are set forth in sections
107 through 120 of the law.
- The year of publication may determine the duration of copyright protection for anonymous
and pseudonymous works (when the author’s identity is not revealed in the records of
the Copyright Office) and for works made for hire.
- Deposit requirements for registration of published works differ from those for
registration of unpublished works. See discussion on “Registration Procedures”
page 8.
- When a work is published, it may bear a notice of copyright to identify the year of
publication and the name of the copyright owner and to inform the public that the work is
protected by copyright. Copies of works published before March 1, 1989, must bear
the notice or risk loss of copyright protection. See discussion on “Notice of
Copyright” below.
NOTICE OF COPYRIGHT
The use of a copyright notice is no longer required under U.S. law, although it is
often beneficial. Because prior law did contain such a requirement, however, the use of
notice is still relevant to the copyright status of older works.
Notice was required under the 1976 Copyright Act. This requirement was eliminated when
the United States adhered to the Berne Convention, effective March 1, 1989. Although works
published without notice before that date could have entered the public domain in the
United States, the Uruguay Round Agreements Act (URAA) restores copyright in certain
foreign works originally published without notice. For further information about copyright
amendments in the URAA, request Circular
38b.
The Copyright Office does not take a position on whether copies of works first
published with notice before March 1, 1989, which are distributed on or after March 1,
1989, must bear the copyright notice.
Use of the notice may be important because it informs the public that the work is
protected by copyright, identifies the copyright owner, and shows the year of first
publication. Furthermore, in the event that a work is infringed, if a proper notice of
copyright appears on the published copy or copies to which a defendant in a copyright
infringement suit had access, then no weight shall be given to such a defendant’s
interposition of a defense based on innocent infringement in mitigation of actual or
statutory damages, except as provided in section
504(c)(2) of the copyright code. Innocent infringement occurs when the infringer did
not realize that the work was protected.
The use of the copyright notice is the responsibility of the copyright owner and does
not require advance permission from, or registration with, the Copyright Office.
Form of Notice for Visually Perceptible Copies
The notice for visually perceptible copies should contain all of the following three
elements:
1. The symbol ? (the letter in a circle), or the word
"Copyright" or the abbreviation "Copr."; and
2. The year of first publication of the work. In the case of compilations
or derivative works incorporating previously published material, the year date of first
publication of the compilation or derivative work is sufficient. The year date may be
omitted where a pictorial, graphic, or sculptural work, with accompanying textual matter,
if any, is reproduced in or on greeting cards, postcards, stationery, jewelry, dolls,
toys, or any useful article; and
3. The name of the owner of copyright The name of the owner of copyright
in the work, or an abbreviation by which the name can be recognized, or a generally known
alternative designation of the owner.
Example: ? 1998 John Doe
The “C in a circle” notice is used only on “visually perceptible
copies.” Certain kinds of works—for example, musical, dramatic, and literary
works—may be fixed not in “copies” but by means of sound in an audio
recording. Since audio recordings such as audio tapes and phonograph disks are
“phonorecords” and not “copies,” the “C in a circle” notice
is not used to indicate protection of the underlying musical, dramatic, or literary work
that is recorded.
Form of Notice for Phonorecords of Sound Recordings*
* Sound recordings are defined in the law as “works that result from the fixation
of a series of musical, spoken, or other sounds, but not including the sounds accompanying
a motion picture or other audiovisual work.” Common examples include recordings of
music, drama, or lectures. A sound recording is not the same as a phonorecord. A
phonorecord is the physical object in which works of authorship are embodied. The word
“phonorecord” includes cassette tapes, CDs, LPs, 45 r.p.m. disks, as well as
other formats.
The notice for phonorecords embodying a sound recording should contain all the
following three elements:
1. The symbol (the letter "P" in a circle); an
2. The year of first publication of the sound recording; and
3. The name of the owner of copyright in the sound recording, or an
abbreviation by which the name can be recognized, or a generally known alternative
designation of the owner. If the producer of the sound recording is named on the
phonorecord label or container and if no other name appears in conjunction with the
notice, the producer’s name shall be considered a part of the notice.
| NOTE:Since questions may arise from the use of variant
forms of the notice, you may wish to seek legal advice before using any form of the notice
other than those given here. |
Position of Notice
The copyright notice should be affixed to copies or phonorecords in such a way as to
“give reasonable notice of the claim of copyright.” The three elements of the
notice should ordinarily appear together on the copies or phonorecords or on the
phonorecord label or container. The Copyright Office has issued regulations concerning the
form and position of the copyright notice in the Code of Federal Regulations (37 CFR Part
201). For more information, request Circular 3, “Copyright Notice.”
Publications Incorporating United States Government Works
Works by the U.S. Government are not eligible for U.S. copyright protection. For works
published on and after March 1, 1989, the previous notice requirement for works consisting
primarily of one or more U.S. Government works has been eliminated. However, use of a
notice on such a work will defeat a claim of innocent infringement as previously described
provided the notice also includes a statement that identifies either those
portions of the work in which copyright is claimed or those portions that constitute U.S.
Government material.
Example: ? 1998 Jane Brown. Copyright claimed in Chapters 7-10, exclusive of U.S.
Government maps.
Copies of works published before March 1, 1989, that consist primiarily of works of one
or more works of the U.S. Government should have a notice and the
identifying statement.
Unpublished Works
The author or copyright owner may wish to place a copyright notice on any unpublished
copies or phonorecords that leave his or her control.
Example: Unpublished work ? 1998 Jane Doe
Omission of the Notice and Errors Notice
The 1976 Copyright Act attempted to ameliorate the strict consequences of failure to
include notice under prior law. It contained provisions that set out specific corrective
steps to cure omissions or certain errors in notice. Under these provisions, an applicant
had 5 years after publication to cure omission of notice or certain errors. Although these
provisions are technically still in the law, their impact has been limited by the
amendment making notice optional for all works published on and after March 1, 1989. For
further information, request Circular 3.
HOW LONG COPYRIGHT PROTECTION ENDURES
Works Originally Created On or After January 1, 1978
A work that is created (fixed in tangible form for the first time) on or after January
1, 1978, is automatically protected from the moment of its creation and is ordinarily
given a term enduring for the author’s life plus an additional 50 years after the
author’s death. In the case of “a joint work prepared by two or more authors who
did not work for hire,” the term lasts for 50 years after the last surviving
author’s death. For works made for hire, and for anonymous and pseudonymous works
(unless the author’s identity is revealed in Copyright Office records), the duration
of copyright will be 75 years from publication or 100 years from creation, whichever is
shorter.
Works Originally Created Before January 1, 1978, But Not Published or Registered by
That Date
These works have been automatically brought under the statute and are now given Federal
copyright protection. The duration of copyright in these works will generally be computed
in the same way as for works created on or after January 1, 1978: the life-plus-50 or
75/100-year terms will apply to them as well. The law provides that in no case will the
term of copyright for works in this category expire before December 31, 2002, and for
works published on or before December 31, 2002, the term of copyright will not expire
before December 31, 2027.
Works Originally Created and Published or Registered Before January 1, 1978
Under the law in effect before 1978, copyright was secured either on the date a work
was published or on the date of registration if the work was registered in unpublished
form. In either case, the copyright endured for a first term of 28 years from the date it
was secured. During the last (28th) year of the first term, the copyright was eligible for
renewal. The current copyright law has extended the renewal term from 28 to 47 years for
copyrights that were subsisting on January 1, 1978, making these works eligible for a
total term of protection of 75 years.
Public Law 102-307, enacted on June 26, 1992, amended the 1976 Copyright Act to extend
automatically the term of copyrights secured between January 1, 1964, and December 31,
1977, to the further term of 47 years. Although the renewal term is automatically
provided, the Copyright Office does not issue a renewal certificate for these works unless
a renewal application and fee are received and registered in the Copyright Office.
P.L.102-307 makes renewal registration optional. There is no need to make the renewal
filing in order to extend the original 28-year copyright term to the full 75 years. However,
some benefits accrue from making a renewal registration during the 28th year of the
original term.
For more detailed information on renewal of copyright and the copyright term, request Circular 15, “Renewal of
Copyright”; Circular 15a, “Duration of Copyright”; and Circular 15t,
“Extension of Copyright Terms.”
TRANSFER OF COPYRIGHT
Any or all of the copyright owner’s exclusive rights or any
subdivision of those rights may be transferred, but the transfer of exclusive rights is
not valid unless that transfer is in writing and signed by the owner of the rights
conveyed or such owner’s duly authorized agent. Transfer of a right on a nonexclusive
basis does not require a written agreement.
A copyright may also be conveyed by operation of law and may be bequeathed by will or
pass as personal property by the applicable laws of intestate succession.
Copyright is a personal property right, and it is subject to the various state laws and
regulations that govern the ownership, inheritance, or transfer of personal property as
well as terms of contracts or conduct of business. For information about relevant state
laws, consult an attorney.
Transfers of copyright are normally made by contract. The Copyright Office does not
have any forms for such transfers. The law does provide for the recordation in the
Copyright Office of transfers of copyright ownership. Although recordation is not required
to make a valid transfer between the parties, it does provide certain legal advantages and
may be required to validate the transfer as against third parties. For information on
recordation of transfers and other documents related to copyright, request Circular 12, “Recordation of
Transfers and Other Documents.”
Termination of Transfers
Under the previous law, the copyright in a work reverted to the author, if living, or
if the author was not living, to other specified beneficiaries, provided a renewal claim
was registered in the 28th year of the original term.* The present law drops the renewal
feature except for works already in the first term of statutory protection when the
present law took effect. Instead, the present law permits termination of a grant of rights
after 35 years under certain conditions by serving written notice on the transferee within
specified time limits.
* The copyright in works eligible for renewal on or after June 26, 1992, will vest in
the name of the renewal claimant on the effective date of any renewal registration made
during the 28th year of the original term. Otherwise, the renewal copyright will vest in
the party entitled to claim renewal as of December 31st of the 28th year.
For works already under statutory copyright protection before 1978, the present law
provides a similar right of termination covering the newly added years that extended the
former maximum term of the copyright from 56 to 75 years. For further information, request
Circulars 15a and 15t.
INTERNATIONAL COPYRIGHT PROTECTION
There is no such thing as an "international copyright" that will
automatically protect an author's writings throughout the entire world. Protection against
unauthorized use in a particular country depends, basically, on the national laws of that
country. However, most countries do offer protection to foreign works under certain
conditions, and these conditions have been greatly simplified by international copyright
treaties and conventions. For a list of countries which maintain copyright relations with
the United States, request Circular 38a.
COPYRIGHT REGISTRATION
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. 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 and for foreign works not originating in a Berne Union country.
- If made before or within 5 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 3 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.
- 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 from: Commissioner of Customs, ATTN: IPR
Branch, Franklin Court, Suite 4000, U.S. Customs Service, 1301 Constitution Avenue, N.W.,
Washington, D.C. 20229.
Registration may be made at any time within the life of the copyright. Unlike the law
before 1978, 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.
REGISTRATION PROCEDURES
Original Registration
To register a work, send the following three elements in the same envelope or
package to:
Library of Congress
Copyright Office
Register of Copyrights
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000
- A properly completed application form;
- A nonrefundable filing fee of $20* for each application. (*For the fee structure for
application Form SE/GROUP, Form GATT, Form GATT/GRP, and Form G/DN, see the instructions on these
forms.)
- A nonreturnable deposit of the work being registered. The deposit requirements vary in
particular situations. The general requirements follow. Also note the
information under “Special Deposit Requirements” on page 8.
NOTE: Registration filing fees are effective through
June 30, 1999. For information on the fee changes, please write the Copyright Office,
check the Copyright Office Website at
http:// www.loc.gov/copyright, or call (202) 707-3000. |
What Happens if the Three Elements Are Not Received Together
Applications and fees received without appropriate copies, phonorecords, or identifying
material will not be processed and ordinarily will be returned. Unpublished deposits
without applications or fees ordinarily will be returned, also. In most cases, published
deposits received without applications and fees can be immediately transferred to the
collections of the Library of Congress. This practice is in accordance with section 408 of the law, which provides
that the published deposit required for the collections of the Library of Congress may be
used for registration only if the deposit is “accompanied by the prescribed
application and fee….”
After the deposit is received and transferred to another service unit of the Library
for its collections or other disposition, it is no longer available to the Copyright
Office. If you wish to register the work, you must deposit additional copies or
phonorecords with your application and fee.
| NOTE: Complete the application form
using black ink pen or typewriter. You may photocopy blank application forms. However,
photocopied forms submitted to the Copyright Office must be clear, legible, on a good
grade of 8 1 /2- inch by 11-inch white paper suitable for automatic feeding through a
photocopier. The forms should be printed, preferably in black ink, head-to- head so that
when you turn the sheet over, the top of page 2 is directly behind the top of page 1. Forms
not meeting these requirements will be returned and registration will be delayed. |
Renewal Registration
To register a renewal, send:
- A properly completed application Form RE and
- A nonrefundable filing fee of $20* for each work. (*For the fee structure for
application Form SE/GROUP, Form GATT, Form G/DN, see the instructions on these
forms.)
Special Deposit Requirements
Special deposit requirements exist for many types of works. The following are prominent
examples of exceptions to the general deposit requirements:
- If the work is a motion picture, the deposit requirement is one complete copy of the
unpublished or published motion picture and a separate written description
of its contents, such as a continuity, press book, or synopsis.
- If the work is a literary, dramatic, or musical work published only on phonorecord,
the deposit requirement is one complete phonorecord.
- If the work is an unpublished or published computer program, the deposit requirement is
one visually perceptible copy in source code of the first 25 and last 25 pages
of the program. For a program of fewer than 50 pages, the deposit is a copy of the entire
program. For more information on computer program registration, including deposits for
revised programs and provisions for trade secrets, request Circular 61, “Copyright Registration
for Computer Programs.”
- If the work is in a CD-ROM format, the deposit requirement is one complete copy of the
material, that is, the CD-ROM, the operating software, and any manual(s) accompanying it.
If registration is sought for the computer program on the CD-ROM, the deposit should also
include a printout of the first 25 and last 25 pages of source code for the program.
- For information about group registration of serials, request Circular 62.
In the case of works reproduced in three-dimensional copies, identifying material such
as photographs or drawings is ordinarily required. Other examples of special deposit
requirements (but by no means an exhaustive list) include many works of the visual arts
such as greeting cards, toys, fabrics, oversized materials (request Circular 40a,
“Deposit Requirements for Registration of Claims to Copyright in Visual Arts
Material”); video games and other machine-readable audiovisual works (request
Circular 61); automated databases (request Circular 65, “Copyright Registration for
Automated Databases”); and contributions to collective works. For information about
deposit requirements for group registration of serials, request Circular 62,
“Copyright Registration for Serials on Form SE.”*
* See NOTE on page 7.
If you are unsure of the deposit requirement for your work, write or call the Copyright
Office and describe the work you wish to register.
Unpublished Collections
Under the following conditions, a work may be registered in unpublished form as a
“collection,” with one application form and one fee:
- The elements of the collection are assembled in an orderly form;
- The combined elements bear a single title identifying the collection as a whole;
- The copyright claimant in all the elements and in the collection as a whole is the same;
and
- All the elements are by the same author, or, if they are by different authors, at least
one of the authors has contributed copyrightable authorship to each element.
An unpublished collection is not indexed under the individual titles of the contents
but under the title of the collection.
| NOTE: A Library of Congress Catalog Card
Number is different from a copyright registration number. The Cataloging in
Publication (CIP) Division of the Library of Congress is responsible for assigning LC
Catalog Card Numbers and is operationally separate from the Copyright Office. A book may
be registered in or deposited with the Copyright Office but not necessarily cataloged and
added to the Library’s collections. For information about obtaining an LC Catalog
Card Number, contact the Library of Congress, CIP Division, Washington, D.C. 20540-4320.
For information on International Standard Book Numbering (ISBN), write to: ISBN, R.R.
Bowker, 121 Chanlon Road, New Providence, NJ 07974. Call (908) 665- 6770. For information
on International Standard Serial Numbering (ISSN), write to: Library of Congress, National
Serials Data Program, Serial Record Division, Washington, D.C. 20540-4160. Call (202)
707-6452. Or obtain information via the World Wide Web at http://www.loc.gov/issn/. |
EFFECTIVE DATE OF REGISTRATION
A copyright registration is effective on the date the Copyright Office receives
all the required elements in acceptable form, regardless of how long it then
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 (the Office receives more than 600,000 applications
annually), but you can expect:
* A letter or a telephone call from a Copyright Office staff member if further
information is needed or
* A certificate of registration indicating that the work has been registered, or if the
application cannot be accepted, a letter explaining why it has been rejected.
Requests to have certificates available for pickup in the Public Information Office or
to have certificates sent by Federal Express or another mail service cannot be honored.
If you want to know the date that the Copyright Office receives your material, send it
by registered or certified mail and request a return receipt.
CORRECTIONS AND AMPLIFICATIONS OF EXISTING REGISTRATIONS
To correct an error in a copyright registration or to amplify the information given in
a registration, file a supplementary registration form—Form CA—with the
Copyright Office. The information in a supplementary registration augments but does not
supersede that contained in the earlier registration. Note also that a supplementary
registration is not a substitute for an original registration, for a renewal registration,
or for recording a transfer of ownership. For further information about supplementary
registration, request Circular 8,
“Supplementary Copyright Registration.”.
MANDATORY DEPOSIT FOR WORKS PUBLISHED IN THE UNITED STATES
Although a copyright registration is not required, the Copyright Act establishes a
mandatory deposit requirement for works published in the United States. See the definition
of “publication” on page 3. In general, the owner of copyright or the owner of
the exclusive right of publication in the work has a legal obligation to deposit in the
Copyright Office, within 3 months of publication in the United States, two copies (or in
the case of sound recordings, two phonorecords) for the use of the Library of Congress.
Failure to make the deposit can result in fines and other penalties but does not affect
copyright protection.
Certain categories of works are exempt entirely from the mandatory
deposit requirements, and the obligation is reduced for certain other categories. For
further information about mandatory deposit, request Circular 7d, “Mandatory Deposit of
Copies or Phonorecords for the Library of Congress.”
USE OF MANDATORY DEPOSIT TO SATISFY REGISTRATION REQUIREMENTS
For works published in the United States, the copyright code contains a provision under
which a single deposit can be made to satisfy both the deposit requirements for the
Library and the registration requirements. In order to have this dual effect, the copies
or phonorecords must be accompanied by the prescribed application form and filing fee.
WHO MAY FILE AN APPLICATION FORM
The following persons are legally entitled to submit an application form:
- The author. This is either the person who actually created the work or, if the
work was made for hire, the employer or other person for whom the work was prepared.
- The copyright claimant. The copyright claimant is defined in Copyright Office
regulations as either the author of the work or a person or organization that has obtained
ownership of all the rights under the copyright initially belonging to the author. This
category includes a person or organization who has obtained by contract the right to claim
legal title to the copyright in an application for copyright registration.
- The owner of exclusive right(s). Under the law, any of the exclusive rights that
go to make up a copyright and any subdivision of them can be transferred and owned
separately, even though the transfer may be limited in time or place of effect. The term
“copyright owner” with respect to any one of the exclusive rights contained in a
copyright refers to the owner of that particular right. Any owner of an exclusive right
may apply for registration of a claim in the work.
- The duly authorized agent of such author, other copyright claimant, or owner of
exclusive right(s). Any person authorized to act on behalf of the author, other copyright
claimant, or owner of exclusive rights may apply for registration.
There is no requirement that applications be prepared or filed by an attorney.
APPLICATION FORMS
For Original Registration
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Form PA:
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for published and unpublished works of the performing arts (musical and
dramatic works, pantomimes and choreographic works, motion pictures and other audiovisual
works)
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Form SE:
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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.)
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Form SR:
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for published and unpublished sound recordings
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Form TX:
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for published and unpublished non-dramatic literary works
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Form VA:
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for published and unpublished works of the visual arts (pictorial,
graphic, and sculptural works, including architectural works)
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Form G/DN:
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a specialized form to register a complete month’s issues of a daily
newspaper when certain conditions are met
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Short Form/SE and Form SE/GROUP:
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specialized SE forms for use when certain requirements are
met
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Short Forms TX, PA, and VA:
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short versions of applications for original registration. For
further information about using the short forms, request publication SL-7.
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Form GATT and Form GATT/GRP:
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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 Circular 38b.
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For Renewal Registration
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Form RE:
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for claims to renew copyright in works copyrighted under the law in effect
through December 31, 1977 (1909 Copyright Act)
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For Corrections and Amplifications
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Form CA:
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for supplementary registration to correct or amplify information given in
the Copyright Office record of an earlier registration
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For a Group of Contributions to Periodicals
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For a Group of Contributions to Periodicals Form GR/CP:
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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
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How to Obtain Application Forms
Library of Congress
Copyright Office
Publications Section, LM-455 101
Independence Avenue, S.E.
Washington, D.C. 20559-6000
Or you may obtain application forms
via the Internet. All copyright application forms may be downloaded from the Internet and
printed for use in registering a claim to copyright. The forms may be accessed and
downloaded by connecting to the Copyright Office homepage on the World Wide Web. The
address is: http://www.loc.gov/copyright.
You must have Adobe
Acrobat Reader ? installed on your computer to view and print the forms. Adobe
Acrobat Reader may be downloaded free from Adobe Systems Incorporated through links from
the same Internet site from which the forms are available.
Print forms head to head (top of page 2 is directly behind the top of page 1) on a
single piece of good quality, 8 1 /2-inch by 11-inch white paper. To achieve the best
quality copies of the application forms, use a laser printer.
FEES
All remittances should be in the form of drafts, that is, checks, money orders, or bank
drafts, payable to: Register of Copyrights. Do not send cash. Drafts must be
redeemable without service or exchange fee through a U. S. institution, must be payable in
U.S. dollars, and must be imprinted with American Banking Association routing numbers.
International Money Orders and Postal Money Orders that are negotiable only at a post
office are not acceptable.
If a check received in payment of the filing fee is returned to the Copyright Office as
uncollectible, the Copyright Office will cancel the registration and will notify the
remitter.
The filing fee for processing an original, supplementary, or renewal claim is
nonrefundable, whether or not copyright registration is ultimately made.
Do not send cash. The Copyright Office cannot assume any responsibility for the
loss of currency sent in payment of copyright fees. For further information, request
Circular 4.
NOTE: Registration filing fees are effective through
June 30, 1999. For information on the fee changes, please write the Copyright Office,
check the Copyright Office Website at
http://www.loc.gov/copyright, or call (202)
707-3000. |
SEARCH OF COPYRIGHT OFFICE RECORDS
The records of the Copyright Office are open for inspection and searching by the
public. Moreover, on request, the Copyright Office will search its records for you at the
statutory rate of $20 for each hour or fraction of an hour. (See NOTE
above.) For information on searching the Office records concerning the copyright status or
ownership of a work, request Circular 22, “How to Investigate the Copyright Status of
a Work,” and Circular 23,
“The Copyright Card Catalog and the Online Files of the Copyright Office.”
Copyright Office records in machine-readable form cataloged from January 1, 1978, to
the present, including registration and renewal information and recorded documents, are
now available for searching on the Internet. These files may be examined through LOCIS (Library of Congress Information System). Access
to LOCIS requires Telnet support. If your online service provider supports Telnet, you can
connect to LOCIS through the World Wide Web or directly by using Telnet.
World Wide Web: http://www.loc.gov/copyright
Telnet: locis.loc.gov
Gopher: marvel.loc.gov (port 70)
If your online service provider does not support Telnet, address your concerns directly
to the provider.
FOR FURTHER INFORMATION
To request Copyright Office publications including application forms and circulars,
write to:
Library of Congress
Copyright Office
Publications Section, LM-455
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000
There is no charge for circulars and application forms supplied by the Copyright
Office.
To speak with an information specialist, call (202) 707-3000 or TTY: (202) 707-6737,
8:30 a.m. to 5:00 p.m. Monday through Friday, eastern time, except Federal holidays.
Recorded information is available 24 hours a day.
Selected circulars and announcements are available via fax. Call (202) 707-2600 from
any touchtone telephone. Key in your fax number at the prompt and the document number of
the item(s) you want. The item(s) will be transmitted to your fax machine. If you do not
know the document number of the item(s) you want, you may request that a menu be faxed to
you. You may order up to three items at a time. Note that copyright application forms are
not available by fax.
Frequently requested Copyright Office circulars, announcements, regulations, and all
copyright application forms are available at the Internet address cited on page 11. For a
list of other material published by the Copyright Office, request Circular 2,
“Publications on Copyright.”
| The Copyright Office provides a free electronic
mailing list, NewsNet, that issues periodic email messages on the subject of copyright.
The messages alert subscribers to hearings, deadlines for comments, new and proposed
regulations, new publications, and other copyright-related subjects of interest. NewsNet
is not an interactive discussion group. To subscribe, send a message to
LISTSERV@RS8.LOC.GOV. In the body of the message say: SUBSCRIBE USCOPYRIGHT. You will
receive a standard welcoming message indicating that your subscription to NewsNet has been
accepted. |
The Copyright Public Information Office is open to the public 8:30 a.m. to 5:00 p.m.
Monday through Friday, eastern time, except Federal holidays. The office is located in the
Library of Congress, James Madison Memorial Building, Room 401, at 101 Independence
Avenue, S.E., Washington, D.C., near the Capitol South Metro stop. Information specialists
are available to answer questions, provide circulars, and accept applications for
registration. Access for disabled individuals is at the front door on Independence Avenue,
S.E.
The Copyright Office is not permitted to give legal advice. If information or guidance
is needed on matters such as disputes over the ownership of a copyright, suits against
possible infringers, the procedure for getting a work published, or the method of
obtaining royalty payments, it may be necessary to consult an attorney.
