Copyright Overview-Part 2

Why Should You File for Copyright Registration of Your Work?

Now that we've covered the basics of copyright - what it is and how long it lasts - let's dive into the key benefits of registering your copyrighted works.

While copyright exists automatically in an original work as soon as it is fixed in a tangible medium, there are several important advantages to formally registering your copyright with the U.S. Copyright Office. First registration provides a public record of your copyright claim. The Copyright Office will issue an official certificate documenting key details about the work, including the title, author, year of creation, and copyright owner.

Key Benefits of Copyright Registration:

- Allows you to file an infringement lawsuit. While registration of a copyright is voluntary, for U.S. works, copyright registration (or a refusal by the Copyright Office) is required before you can take legal action against someone who is copying or misusing your work.

- Provides additional legal remedies. If you register your copyright before an infringement occurs or within 3 months of publication, you become eligible for statutory damages and attorneys' fees if you pursue an infringement case.

- Establishes “prima facie” evidence of the validity of the copyright and the facts stated in the certificate, if the registration is made before or within 5 years of the work's publication. “Prima facie” evidence is evidence strong enough to support a claim and shift the burden of proof to the opposing party requiring them to show that your copyright does not exist, which can be very difficult for them to do.

- Permits you to record your claim with U.S. Customs and Border Protection. This helps prevent infringing copies of your work from being imported into the United States.

The registration process is relatively straightforward - you can submit an application online or use a paper form. The key requirements are a completed application, the filing fee, and a copy or "deposit" of the work being registered.

If you register before publication, you don't have to re-register when the work is published, although you can register the published edition if desired.

What about the “poor man’s copyright.” What is it?

What about the so-called "poor man's copyright"? This term refers to the practice of sending a copy of your own work to yourself as a way to demonstrate ownership. While many believe this method provides a valid form of protection, copyright law does not recognize it as an effective safeguard. In reality, it is not a substitute for proper copyright registration, which is the only way to ensure your work is fully protected under the law in the US.

What is the Effective Date of Registration?

The Copyright Office assigns an effective date of registration to a copyright when it receives all the required elements - a completed application, an acceptable deposit, and the filing fee - in proper form. This effective date is the day the Office receives the complete submission, not based on how long it takes to examine the materials or issue the certificate.

This date is important for determining your legal remedies in an infringement case.

Should You Attach a Copyright Notice to Your Work?

You don't need to wait for your registration certificate before publishing or using a copyright notice. However, the Copyright Office must approve or refuse your application before you can file an infringement lawsuit, except for non-U.S. works.

A copyright notice is a statement placed on copies of a work to inform the public that the copyright owner is claiming ownership. It consists of the copyright symbol (©), the year of first publication, and the name of the copyright owner.

Including a notice with your work can provide several benefits:

-Puts potential users on notice that copyright is claimed

-May prevent an "innocent infringement" defense

-Identifies the copyright owner and year of publication

-Helps prevent a work from becoming an "orphan" work, without a known author from whom someone can request permission.

What is Publication?

Under copyright law, publication refers to distributing copies or recordings of a work to the public, such as by selling, renting, or lending them. It also includes offering to distribute copies to a group for further distribution, public performance, or display.

Why is Publication Important?

Whether a work is considered published or unpublished has several important legal implications:

- The year of publication can determine the length of the copyright term for works made for hire, anonymous, or pseudonymous works, as well as for works created before January 1, 1978 - the year the current copyright law took effect.

- The publication status affects the legal presumptions and remedies available if the work is registered with the copyright office within a certain timeframe before or after publication.

-The publication date and nation of a non-US work can determine eligibility for US copyright protection.

- Many copyright exceptions and limitations of the copyright owner depend on whether the work is published or not.

- The deposit requirements for registering a published work are different than for unpublished works.

Mandatory Deposit- Submitting a Copy of Your Work

Additionally, all copyrighted works published in the U.S. are subject to "mandatory deposit" - the requirement to provide best copies of your work to the Library of Congress within 3 months of publication. This helps ensure the Library's collections contain a copy of every published U.S. work.

Keep in mind that copyright deposit with the Library of Congress is not the same as obtaining a Library of Congress Control Number (LCCN) or library cataloguing. Learn more about that HERE.

Special Note for Authors:

For authors who have published their book in different formats like, e-book, hardcover and paperback, as long as all three formats contain identical material, you have already fulfilled the deposit requirement when you submitted the e-book file digitally as part of the online registration. However, a separate registration and deposit must be made for an audio book recording.

In summary, formal copyright registration is a strategic move that solidifies your legal rights and enhances the protection of your creative works. By understanding and leveraging the benefits of registration, you prepare yourself to effectively address any potential infringements and ensure your creative legacy is preserved.

At Mortimer Legal, PLLC, we specialize in navigating the complexities of copyright law. Whether you need guidance on registration, publication, or enforcement, our team is here to help. Schedule a free 20-minute discovery call with us today by clicking the link, and take the first step towards securing your creative legacy.