Copyright Basics
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The US Copyright Office >> Copyright Basics
Public Law 102-307 [http://thomas.loc.gov/cgi-
bin/bdquery/z?d102:SN00756:|TOM:/bss/d102query.html|] 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 [http://thomas.loc.gov/cgi-
bin/bdquery/z?d102:SN00756:|TOM:/bss/d102query.html|] 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 "Renewal of Copyright"
[http://www.loc.gov/copyright/circs/circ15.pdf] ; "Duration of
Copyright" [http://www.loc.gov/copyright/circs/circ15a.pdf]; and
"Extension of Copyright Terms"
[http://www.loc.gov/copyright/circs/circ15t.pdf].
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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 "Recordation of Transfers and Other Documents"
[http://www.loc.gov/copyright/circs/circ12.pdf].
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 95 years. For further information, request Circular 15a
[http://www.loc.gov/copyright/circs/circ15a.pdf] and Circular 15t
[http://www.loc.gov/copyright/circs/circ15t.pdf] .
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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 further information and a list of
countries that maintain copyright relations with the United States,
request "International Copyright Relations of the United States."
[http://www.loc.gov/copyright/circs/circ38a.pdf].
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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.
+ 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
[http://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.
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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
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000
1. A properly completed application form.
2. A nonrefundable filing fee of $30 (effective through June 30, 2002)
for each application.
_NOTE:_ Copyright Office fees are subject to change. For current
fees, please check the Copyright Office Website at
[http://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. 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 Title 17, Chap. 4, Sec. 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:
1. A properly completed application Form RE and, if necessary, Form RE
Addendum, and
2. A nonrefundable filing fee of $45 without Addendum; $60 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
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 "Copyright Registration for Computer Programs"
[http://www.loc.gov/copyright/circs/circ61.pdf].
+ 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 "Deposit Requirements for
Registration of Claims to Copyright in Visual Arts Material"
[http://www.loc.gov/copyright/circs/circ40a.pdf]); video games and other
machine-readable audiovisual works (request Circular 61
[http://www.loc.gov/copyright/circs/circ61.pdf]); automated databases
(request Circular 65 [http://www.loc.gov/copyright/circs/circ65.pdf] ,
"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." [http://www.loc.gov/copyright/circs/circ62.pdf] ,
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, see the following homepage: [http://lcweb2.loc.gov/pcn]. For
information on International Standard Book Numbering (ISBN), write to:
ISBN, R. R. Bowker, 121 Chanlon Road, New Providence, NJ 07974. Call
(877) 310-7333. For further information and to apply online, see
[http://www.bowker.com/standards/]. 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
[http://www.loc.gov/issn/].
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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.
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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 [http://www.loc.gov/copyright/forms/formca.pdf] -- with
the Copyright Office. The filing fee is $65. (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"
[http://www.loc.gov/copyright/circs/circ08.pdf].
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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." 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." [http://www.loc.gov/copyright/circs/circ07d.pdf].
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USE OF MANDATORY DEPOSIT TO SATISFY REGISTRATION REQUIREMENTS
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.
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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.
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APPLICATION FORMS
For Original Registration
Form PA [http://www.loc.gov/copyright/forms/formpai.pdf]
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 [http://www.loc.gov/copyright/forms/formsei.pdf]
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 [http://www.loc.gov/copyright/forms/formsri.pdf]
for published and unpublished sound recordings
Form TX [http://www.loc.gov/copyright/forms/formtxi.pdf]
for published and unpublished nondramatic literary works
Form VA [http://www.loc.gov/copyright/forms/formvai.pdf]
for published and unpublished works of the visual arts (pictorial,
graphic, and sculptural works, including architectural works)
Form G/DN [http://www.loc.gov/copyright/forms/formgdn.pdf]
a specialized form to register a complete month's issues of a daily
newspaper when certain conditions are met
Short Form SE [http://www.loc.gov/copyright/forms/formses.pdf], and
Short Form SE Group [http://www.loc.gov/copyright/forms/formseg.pdf]
specialized SE forms for use when certain requirements are met
Short Form TX [http://www.loc.gov/copyright/forms/formtxs.pdf],
Short Form PA [http://www.loc.gov/copyright/forms/formpas.pdf], and
Short Form VA [http://www.loc.gov/copyright/forms/formvas.pdf]
short versions of applications for original registration. For further
information about using the short forms, request publication SL-7.
Form GATT [http://www.loc.gov/copyright/forms/formgatt.pdf], and
Form GATT/GRP [http://www.loc.gov/copyright/forms/formgatg.pdf]
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 [http://www.loc.gov/copyright/circs/circ38b.pdf].
***
For Renewal Registration
Form RE [http://www.loc.gov/copyright/forms/formrei.pdf]
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 [http://www.loc.gov/copyright/forms/formrea.pdf]
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 [http://www.loc.gov/copyright/forms/formca.pdf]
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 [http://www.loc.gov/copyright/forms/formgrcp.pdf]
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" below.
You must have Adobe Acrobat Reader (R)
[http://www.adobe.com/prodindex/acrobat/readstep.html] 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 http://www.loc.gov/copyright/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.
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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.