Copyright Registration and Evaluation

Regardless of whether a copyrightable work is registered with the U.S. Copyright Office, copyright laws protect it. However, copyright registration does have advantages: it creates a public record of copyright ownership and if registered within three months after publication or prior to infringement, an owner may recover attorney fees and up to $150,000 in statutory damages.

How to Register

Filing a claim with the U.S. Copyright Office may be done online or through the mail. The registration process requires an application, a nonrefundable filing fee, and a nonreturnable deposit. Copyright becomes valid when the Copyright Office receives all elements in acceptable form.

Online Application

In most cases, copyright registration can be completed online through the electronic Copyright Office (eCO).  The Copyright Office prefers this method when registering basic claims, such as a single work, unpublished multiple works by the same author and owned by the same claimant, and multiple published works that have been published together first in the same publication on the same date and are owned by the same claimant. Eligible works include literature, visual arts, performing arts, sound recordings, and single serials.

Mail-In Application

There are two methods available when registering through the mail:

1. Fill-In Form CO, which is available online, can be used to register basic claims. The form must be completed using a computer and printed out and sent to the Copyright Office. This form contains a 2-D barcode that allows faster processing than manual applications.
2. Paper forms, which are being phased out, are available upon request. The following form options are available when using this method: Form TX for literary works; Form VA for visual arts works; Form PA for performing arts and motion pictures works; Form SR for sound recordings; and Form SE for single serials.

All other Copyright forms are available here.

Registration Fees

Registration costs are as follows:

• Online application - $35
• Mail-In Application - $45

Online registration is payable by credit card or by bank account. Mail-in application fees are payable by check or money order.

Deposit Requirements

The registration process requires a deposit, which is a copy of the work. A deposit can be made electronically or by mail. Unpublished works require one complete copy and published works require two complete copies.

How is Copyright Eligibility Evaluated

Once the application is received, the Copyright Office will review the deposit to ensure that the work is copyrightable.

Copyrightable works exclude the following:

• Facts
• Ideas
• Titles
• Names
• Slogans
• Government works
• Standard forms
• Extemporaneous speeches

The Copyright Office will not register these works.

When it is unclear whether a work is copyrightable, the rule of doubt applies. In this circumstance, the work is registered but a presumption of ownership may not apply. This presumption is important in a copyright infringement suit. A letter will be issued to the applicant warning that copyright may be invalid.

The Copyright Office will also examine the application for errors and omissions. Typical errors can include an unsigned application, unpaid application fee, or the failure to provide the publication date. The Copyright Office will notify the applicant of the errors.

Although receiving copyright approval can take considerable time—an online application can take up to 5 months and a mail-in application can take over a year—it is worth protecting intellectual property from unauthorized use.

• If you have more questions or may need legal assistance properly registering a Copyright, Consult Your Case for Free with a local experienced Intellectual Property Lawyer.