Copyright FAQ

A copyright is a bundle of rights assigned to one that creates an original work of authorship that is fixed in a tangible form that can be perceived either with or without the aid of an instrument.  In the bundle are the rights to publish, perform publicly, record, reproduce, display, and make new versions of the work.  The rights provided by a copyright promote expression and ensure that authors will derive benefits from their creative efforts.

A copyright is a form of protection provided to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished.  The 1976 Copyright Act generally gives the owner of copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly.

A copyright protects the form of expression rather than the subject matter of the writing.  For example, a description of a machine could be copyrighted, but this would only prevent others from copying the description; it would not prevent others from writing a description of their own or from making and using the machine.  Copyrights are registered by the Copyright Office of the Library of Congress.

A copyright is the only way to protect the expression of ideas, and attaches to fixed expression automatically.  Additional benefits are derived by filing for copyright registration.

Literary, dramatic, musical, and artistic works are protected by copyright.  These kinds of expression can be found in motion pictures, screenplays, computer programs, novels, sculptures, songs, fabric designs, sound recordings, etc.

Expression not fixed in a tangible form, ideas, methods, mathematical principles, formulas, and equations are not protected by copyright.

To get a copyright, all that is required is that expression be fixed into a tangible form.  Copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. Registration is not a condition of copyright protection.  To obtain the added benefits of a copyright registration, it is important to register a copyright within three months of a first publication. 

Note:  "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.

To register a copyright, go to www.loc.gov/copyright, pick the application form that relates to your work, print it, fill it out, enclose a check for the fee along with an original work (if necessary) and mail the application to the Library of Congress.  Your registration will be sent to you in the mail.  For computer programs, we recommend that you use an attorney who practices in the area of copyright law because the registration procedures for computer programs are more complicated than other works.  The basic original registration procedure follows.

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

1.      A properly completed application form.

2.      A nonrefundable filing fee for each application.  Fees change.  For current fees, check the Copyright Office Website at www.loc.gov/copyright, write the Copyright Office, or call (202) 707-3000.

3.      A nonreturnable deposit of the work being registered. The deposit requirements vary in particular situations.

·         If the work was first published in the United States on or after January 1, 1978, two complete copies or phonorecords of the best edition.

·         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.

Copyright registration is important for many reasons, namely, it gives you the ability to sue another for infringing your copyright and it gives you access to certain remedies including statutory damages if the registration application was filed within three months of a first publication, and attorney fees.  If the registration application is not filed within three months of a first publication, statutory damages are not available, and you can only pursue actual damages, i.e., proven damages.   Registration establishes a public record of a copyright claim and, if made before or within 5 years of publication, will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.  Registration also allows the owner of the copyright to record the registration with the United States Customs Service for protection against the importation of infringing copies. 

It is important to note that 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.

A copyright lasts for the life of the author + 70 years.  In some instances a copyright can be renewed by filing a renewal application.