Copyright
© Basics Español
September 2000
Copyright Basics
Table of Contents
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This protection is available to both published and unpublished works.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 work in copies or phonorecords;
-
To prepare derivative works based upon the
work;
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To distribute copies or phonorecords of the
work to the public by sale or other transfer of ownership, or by rental,
lease, or lending;
-
To perform the 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
law to the owner of copyright. These rights, however, are not unlimited in
scope. Sections 107 through 121
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 law or write to the Copyright Office.
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 law 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
- a part of a motion picture or other audiovisual work
- a translation
- a supplementary work
- a compilation
- an instructional text
- a test
- answer material for a test
- 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 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 treaty party,* or is a stateless person wherever
that person may be domiciled; or
* A treaty party is a country or intergovernmental
organization other than the United States that is a party to an
international agreement. |
-
The work is first published in the United States or in a foreign nation
that, on the date of first publication, is a treaty party. For purposes
of this condition, a work that is published in the United States or a
treaty party within 30 days after publication in a foreign nation that
is not a treaty party shall be considered to be first published in the
United States or such treaty party, as the case may be; or
-
The work is a sound recording that was first fixed in a treaty party;
or
-
The work is a pictorial, graphic, or sculptural work that is incorporated
in a building or other structure, or an architectural work that is embodied
in a building and the building or structure is located in the United States
or a treaty party; or
-
The work is first published by the United Nations or any of its specialized
agencies, or by the Organization of American States; or
-
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 Agreements Act (URAA-GATT)," for further information.
- The work comes within the scope of a Presidential proclamation.
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:
- literary works;
- musical works, including any accompanying words
- dramatic works, including any accompanying music
- pantomimes and choreographic works
- pictorial, graphic, and sculptural works
- motion pictures and other audiovisual works
- sound recordings
- 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."
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 entirely of 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)
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."
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 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:
"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
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 law 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."
-
Publication of a work can affect the limitations on the exclusive rights
of the copyright owner that are set forth in sections 107 through 121
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."
-
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.
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 law. 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.
The notice for visually perceptible copies should contain all the following
three elements:
1. The symbol © (the letter C 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 in the work, or an
abbreviation by which the name can be recognized, or a generally known alternative
designation of the owner.
Example: © 2002 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.
* 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); and
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.
Example:
2002 A. B. C. Records Inc.
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. |
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 Section 201.20). For more information, request Circular
3, "Copyright Notice."
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: © 2002 Jane Brown. Copyright claimed in Chapters 7-10, exclusive
of U. S. Government maps
Copies of works published before March 1, 1989, that consist primarily of
one or more works of the U. S. Government should
have a notice and the identifying statement.
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 © 2002 Jane Doe
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,
"Copyright Notice."
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
70 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
70 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 95
years from publication or 120 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-70 or 95/120-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, 2047.
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 with a copyright notice 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 Copyright Act of 1976 extended the renewal term from 28 to 47 years for
copyrights that were subsisting on January 1, 1978, or for pre-1978 copyrights
restored under the Uruguay Round Agreements Act (URAA), making these works
eligible for a total term of protection of 75 years. Public
Law 105-298, enacted on October 27, 1998, further extended the renewal
term of copyrights still subsisting on that date by an additional 20 years,
providing for a renewal term of 67 years and a total term of protection of
95 years.
Public Law 102-307, enacted on June 26, 1992, amended the 1976 Copyright
Act to provide for automatic renewal of the term of copyrights secured between
January 1, 1964, and December 31, 1977. 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.
Public Law 102-307 makes renewal registration optional. Thus, filing for
renewal registration is no longer required in order to extend the original
28-year copyright term to the full 95 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."
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."
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 95 years.
For further information, request Circulars
15a and 15t.
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
further information and a list of countries that maintain copyright relations
with the United States, request Circular
38a, "International Copyright Relations of the United States."
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.
-
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 "How to Protect Your Intellectual Property Right," from:
U.S. Customs Service, P.O. Box 7404, Washington, D.C. 20044. See the U.S.
Customs Service Website at www.customs.gov
for online publications.
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.
To register a work, send the following three elements in the
same envelope or package to:
Library of Congress
Copyright Office
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000
- A properly completed application form.
- A nonrefundable filing fee of $30 for each application.
NOTE: Copyright
Office fees are subject to change. For current fees, please check the
Copyright Office Website at www.copyright.gov,
write the Copyright Office, or call (202) 707-3000. |
- 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."
-
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.
-
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.
-
If the work was first published outside the United States, one complete
copy or phonorecord of the work as first published.
-
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. Whenever possible, number each package (e.
g., 1 of 3, 2 of 4) to facilitate processing.
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.
Renewal Registration
To register a renewal, send:
- A properly completed application Form RE and, if necessary, Form RE Addendum,
and
- A nonrefundable filing fee of $60 without Addendum; $90 with Addendum
for each application. (See Note above.) Each Addendum
form must be accompanied by a deposit representing the work being reviewed.
See Circular 15,
"Renewal of Copyright."
NOTE: Complete the application form using black
ink pen or type. 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 may be returned resulting in delayed registration. |
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 in a 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.
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."
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.
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 Control Number
is different from a copyright registration number. The Cataloging in Publication
(CIP) Division of the Library of Congress is responsible for assigning
LC Control 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 Control Number, see the following homepage:
http://pcn.loc.gov/pcn. For information
on International Standard Book Numbering (ISBN), write to: ISBN, R. R.
Bowker, 630 Central Ave., New Providence, NJ 07974. Call (877) 310-7333.
For further information and to apply online, see www.isbn.org.
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 from www.loc.gov/issn. |
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.
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 filing fee is $100. (See Note
above.) 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."
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." 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."
For works published in the United States, the copyright law 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 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.
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
SL-7. |
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
Circular 38b. |
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 |
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 |
How to Obtain Application Forms
See "For Further Information."
You must have Adobe
Acrobat Reader ® installed on your computer to view and print the forms
accessed on the Internet. 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.
FILL-IN FORMS AVAILABLE
All Copyright Office forms are available on the Copyright Office Website
in fill-in version. Go to www.copyright.gov/forms
and follow the instructions. The fill-in forms allow you to enter information
while the form is displayed on the screen by an Adobe Acrobat Reader product.
You may then print the completed form and mail it to the Copyright Office.
Fill-in forms provide a clean, sharp printout for your records and for filing
with the Copyright Office.
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, "Copyright Fees."
Certain Fees and Services May Be Charged to a Credit Card
Some fees may be charged by telephone and in person in the office. Others
may only be charged in person in the office. Credit card payments are generally
authorized only for services that do not require filing of applications or
other materials. An exception is made for fees related to items that are hand-carried
into the Public Information Office.
Certifications and Documents Section: These fees may be charged in
person in the office or by phone: additional certificates; copies of
documents and deposits; searching, locating and retrieving deposits; certifications;
and expedited processing.
Public Information Office: These fees may only be charged in person
in the office, not by phone: standard registration request forms; special
handling requests for all standard registration requests; requests for services
provided by the Certifications and Documents Section when the request is accompanied
by a request for special handling; search requests for which a fee estimate
has been provided; additional fee for each claim using the same deposit; full
term retention fees; appeal fees; Secure Test processing fee; short fee payments
when accompanied by a Remittance Due Notice; in-process retrieval fees; and
online service providers fees.
Reference and Bibliography Section: Requests for searches on a regular
or expedited basis can be charged to a credit card by phone.
Records Maintenance Unit: Computer time on COINS, printing from the
Optical Disk, and photocopying can be charged in person in the office.
Fiscal Control Section: Deposit Accounts maintained by the Fiscal
Control Section may be replenished by credit card. See Circular
5, "How to Open and Maintain a Deposit Account in the Copyright Office."
NIE recordations and claims filed on Forms GATT and GATT/GRP may be paid
by credit card if the card number is included in a separate letter that accompanies
the form.
NOTE: Copyright
Office fees are subject to change. For current fees, please check the
Copyright Office Website at www.copyright.gov,
write the Copyright Office, or call (202) 707-3000. |
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 hourly rate of $75 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 from the Copyright Office
website at www.copyright.gov.
Information via the Internet: Circulars, announcements,
regulations, other related materials, and all copyright application forms
are available from the Copyright Office Website at www.copyright.gov.
Information by fax: Circulars and other information (but
not application forms) are available from Fax-on-Demand at (202) 707-2600.
Information by telephone: For general information about
copyright, call the Copyright Public Information Office at (202) 707-3000.
The TTY number is (202) 707-6737. Information specialists are on duty from
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. Or, if you know
which application forms and circulars you want, request them from the Forms
and Publications Hotline at (202) 707-9100 24 hours a day. Leave a recorded
message.
Information by regular mail: Write to:
Library of Congress
Copyright Office
Publications Section, LM-455
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000
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@LOC.GOV.
In the body of the message say: SUBSCRIBE USCOPYRIGHT. or fill in the
subscription form online at www.copyright.gov/newsnet
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
Library of Congress
Copyright Office
101 Independence Avenue, S. E.
Washington, D.C. 20559-6000
www.copyright.gov
Rev: December 2000
This electronic version has been altered slightly from the original printed
text for presentation on the World Wide Web. For a copy of the original
circular, consult the PDF
version or write to Copyright Office, 101 Independence Avenue S.E., Washington,
D.C. 20559-6000.