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What does copyright
protect?
Copyright, a form of intellectual property law, protects original
works of authorship including literary, dramatic, musical, and
artistic works such as poetry, novels, movies, songs, computer
software and architecture. Copyright does not protect facts, ideas,
systems, or methods of operation, although it may protect the way
these things are expressed. See Circular 1, section What
Works Are Protected.
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When is my work protected?
Your work is under copyright protection the moment it is created
and fixed in a tangible form so that it is perceptible either
directly or with the aid of a machine or device.
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What is your telephone number?
The Public Information Office telephone number is (202) 707-3000.
To order application
forms, the number is (202) 707-9100. TTY is (202) 707-6737.
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What is your mailing address?
Our mailing address is Copyright Office, Library of Congress, 101
Independence Avenue, S.E.,Washington, D.C. 20559-6000.
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What are your visiting address and hours of
operation?
The Copyright Office is located at 101 Independence Avenue, S.E.,
Washington, D.C., in the James Madison Memorial Building, Room
LM-401, of the Library of Congress. Hours of service are 8:30 a.m.
to 5:00 p.m. eastern time, Monday through Friday, except Federal
holidays. The nearest Metro stop is Capitol South.
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Where can I get application forms?
You may get forms from the U.S. Copyright Office in person, by
mailing in a request, or by calling our 24-hours-per-day forms
hotline: (202) 707-9100. Some public libraries may carry our forms
but we do not maintain a list of those libraries. Forms
may also be downloaded from our website.
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When will I get my certificate?
The time the Copyright Office requires to process an application
varies, depending on the amount of material the Office is receiving.
You may generally expect a certificate of registration within
approximately 8 months of submission.
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Can you provide me with copies of my
application and my work?
Contact the Certifications and Documents Section of the Copyright
Office (202) 707-6787 or see Circular
6 for details.
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How can I obtain copies of someone else's
work and/or registration certificate?
The Copyright Office will not honor a request for a copy of
someone else's work without written authorization from the owner or
from his or her designated agent if that work is still under
copyright protection, unless the work is involved in litigation.
Written permission from the copyright owner or a litigation
statement is required before copies can be made available. A
certificate of registration for any registered work can be obtained
for a fee of $25. Circular
6 provides additional information.
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I lost my certificate: Can I get a new
one?
Yes, we can produce additional certificates for a fee of $25. See
Circular 6
for details on how to make such a request.
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Do you have a list of songs or movies in the public
domain?
No, we neither compile nor maintain such a list. A search of our
records, however, may reveal whether a particular work has fallen
into the public domain. We will conduct a search of our records by
the title of a work, an author's name, or a claimant's name. The
search fee is $65 per hour. You may also search the records in
person without paying a fee.
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What is mandatory deposit?
Copies of all works under copyright protection that have been
published in the United States are required to be deposited with the
Copyright Office within three months of the date of first
publication. See Circular
7d and the Deposit Regulation 96 202.19.
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Do I have to register with your office
to be protected?
No. In general, registration is voluntary. Copyright exists from
the moment the work is created. You will have to register, however,
if you wish to bring a lawsuit for infringement of a U.S. work. See
Circular 1, section Copyright
Registration.
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Why should I register my work if copyright protection
is automatic?
Registration is recommended for a number of reasons. Many choose
to register their works because they wish to have the facts of their
copyright on the public record and have a certificate of
registration. Registered works may be eligible for statutory damages
and attorney's fees in successful litigation. Finally, if
registration occurs within five years of publication, it is
considered prima facie evidence in a court of law. See Circular 1,
section Copyright
Registration and Circular
38b on non-U.S. works.
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Are you the only place I can go to register
a copyright?
Although copyright application forms may be available in public
libraries and some reference books, the U.S. Copyright Office is the
only office that can accept applications and issue registrations.
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How do I register my copyright?
To register a work, you need to submit a completed application
form, a non-refundable filing fee of $30, and a non-returnable copy
or copies of the work to be registered. See Circular 1, section Registration
Procedures.
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How long does the registration process take?
The time the Copyright Office requires to process an application
varies, depending on the amount of material the Office is receiving.
You may generally expect a certificate of registration within
approximately 8 months of submission .
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What is the registration fee?
The current filing fee is $30 per application. Generally, each
work requires a separate application. See Circular
4.
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Can I make copies of the application
form?
Yes, you can make copies of copyright forms if they meet the
following criteria: photocopied back to back and head to head on a
single sheet of 8 1/2 by 11 inch white paper. In other words, your
copy must look just like the original.
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What is a deposit?
A deposit is usually one copy (if unpublished) or two copies (if
published) of the work to be registered for copyright. In certain
cases such as works of the visual arts, identifying material such as
a photograph may be used instead. See Circular
40a. The deposit is sent with the application and fee and
becomes the property of the Library of Congress.
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How can I know if you received my application for
registration?
If you want to know when the Copyright Office receives
your material, you should send it by registered or certified mail
and request a return receipt from the post office. Allow at least
five weeks for the return of your receipt.
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Can I find out what is happening with my
registration?
Copyright registration is effective on the day we receive the
appropriate form, copy or copies of the work, and the $30 filing
fee. The time the Copyright Office requires to process an
application varies, depending on the amount of material the Office
is receiving. You may generally expect a certificate of registration
within approximately 8 months of submission . In the event we need
further information, a letter or telephone call from our office,
will be received during this time period. We are not able to provide
status information for submissions that were received less than
eight months ago. If it is imperative that you have this information
sooner, you may pay the appropriate fees and request that the
Certifications and Documents Section conduct an in-process search.
The current in-process search fee is $65 per hour.
- Do I have to send in my work? Do I get
it back?
Yes, you must send the required copy or copies of the work to be
registered. These copies will not be returned. Upon their deposit in
the Copyright Office, under sections 407 and 408 of the Copyright
law, all copies, phonorecords, and identifying material, including
those deposited in connection with claims that have been refused
registration, are the property of the United States Government.
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May I register more than one work on the
same application? Where do I list the titles?
You may register unpublished works as a collection on one
application with one title for the entire collection if certain
conditions are met. It is not necessary to list the individual
titles in your collection, although you may do so by completing a
Continuation Sheet. Published works may only be registered as a
collection if they were actually first published as a collection and
if other requirements have been met. See Circular 1, section Registration
Procedures.
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What is the difference between form PA
and form SR?
These forms are for registering two different types of
copyrightable subject matter that may be embodied in a recording.
Form PA is used for the registration of music and/or lyrics (as well
as other works of the performing arts), even if your song is on a
cassette. Form SR is used for registering the performance and
production of a particular recording of sounds. See Circular
50 and Circular
56a.
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Do I have to renew my copyright?
No. Works created on or after January 1, 1978, are not subject to
renewal registration (see Circular 15). As to works published or
registered prior to January 1, 1978, renewal registration is
optional after 28 years but does provide certain legal advantages.
For information on how to file a renewal application as well as the
legal benefit for doing so, see Circular
15 and Circular 15a.
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Can I submit my manuscript on a computer
disk?
No. There are many different software formats and the Copyright
Office does not have the equipment to accommodate all of them.
Therefore, the Copyright Office still generally requires a printed
copy or audio recording of the work for deposit.
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Can I submit a CD-ROM of my work?
Yes, you may. The deposit requirement consists of the best
edition of the CD-ROM package of any work, including the
accompanying operating software, instruction manual and a printed
version, if included in the package. See Circular
55
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How do I protect my recipe?
A mere listing of ingredients is not protected under copyright
law. However, where a recipe or formula is accompanied by
substantial literary expression in the form of an explanation or
directions, or when there is a collection of recipes as in a
cookbook, there may be a basis for copyright protection. See FL
122.
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Does copyright now protect architecture?
Yes. Architectural works became subject to copyright protection
on December 1, 1990. The copyright law defines "architectural
work" as "the design of a building embodied in any
tangible medium of expression, including a building, architectural
plans, or drawings." Copyright protection extends to any
architectural work created on or after December 1, 1990, and any
architectural work that on December 1, 1990, was unconstructed and
embodied in unpublished plans or drawings. Architectural works
embodied in buildings constructed prior to December 1, 1990, are not
eligible for copyright protection. See, Circular
41.
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Can I register a diary I found in my
grandmother's attic?
You can register copyright in the diary only if you are the
transferee (by will, by inheritance). Copyright is the right of the
author of the work or the author's heirs or assignees, not of the
one who only owns or possesses the physical work itself. See
Circular 1, section Who
Can Claim Copyright.
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Do you have special mailing
requirements?
Our only requirement is that all three elements, the application,
the copy or copies of the work, and the $30 filing fee, be sent in
the same package. Many people send their material to us by certified
mail, with a return receipt request, but this is not necessary.
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Can foreigners register their works in
the U.S.?
Any work that is protected by U.S. copyright law can be
registered. This includes many works of foreign origin. All works
that are unpublished, regardless of the nationality of the author,
are protected in the United States. Works that are first published
in the United States or in a country with which we have a copyright
treaty or that are created by a citizen or domiciliary of a country
with which we have a copyright treaty are also protected and may
therefore be registered with the U.S. Copyright Office. See Circular
38a for the status of specific countries.
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Who is an author?
Under the copyright law, the creator of the original expression
in a work is its author. The author is also the owner of copyright
unless there is a written agreement by which the author assigns the
copyright to another person or entity, such as a publisher. In cases
of works made for hire (see Circular
9), the employer or commissioning party is considered to be the
author.
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What is a work made for hire?
Although the general rule is that the person who creates the work
is its author, there is an exception to that principle; the
exception is a work made for hire, which is a work prepared by an
employee within the scope of his or her employment; or a work
specially ordered or commissioned in certain specified
circumstances. When a work qualifies as a work made for hire, the
employer or commissioning party is considered to be the author. See Circular
9.
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Can a minor claim copyright?
Minors may claim copyright, and the Copyright Office does issue
registrations to minors, but state laws may regulate the business
dealings involving copyrights owned by minors. For information on
relevant state laws, consult an attorney.
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Do I have to use my real name on the
form? Can I use a stage name or a pen name?
There is no legal requirement that the author be identified by
his or her real name on the application form. For further
information, see FL
101. If filing under a fictitious name, check the
"Pseudonymous" box at space 2.
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What is publication?
Publication has a technical meaning in copyright law. According
to the statute, "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." Generally,
publication occurs on the date on which copies of the work are first
made available to the public. For further information see Circular
1, section Publication.
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Does my work have to be published to be
protected?
Publication is not necessary for copyright protection.
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How do I get my work published?
Publication occurs at the discretion and initiative of the
copyright owner. The Copyright Office has no role in the publication
process.
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Are copyrights transferable?
Yes. Like any other property, all or part of the rights in a work
may be transferred by the owner to another. See Circular 1, section Transfer
of Copyright, for a discussion of ownership.
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Do you have any forms for transfer of
copyrights?
There are no forms provided by the Copyright Office to effect a
copyright transfer. The Office does, however, keep records of
transfers if they are submitted to us. If you have executed a
transfer and wish to record it, the Copyright Office can provide a
Document Cover Sheet, which can help to expedite the processing of
the recordation. See Circular
12.
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Can I copyright the name of my band?
No. Names are not protected by copyright law. Some names may be
protected under trademark law. Contact the U.S.
Patent & Trademark Office, (800) 786-9199, for further
information.
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How do I copyright a name, title, slogan or
logo?
Copyright does not protect names, titles, slogans, or short
phrases. In some cases, these things may be protected as trademarks.
Contact the U.S. Patent &
Trademark Office at (800) 786-9199 for further information.
However, copyright protection may be available for logo art work
that contains sufficient authorship. In some circumstances, an
artistic logo may also be protected as a trademark.
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How do I protect my idea?
Copyright does not protect ideas, concepts, systems, or methods
of doing something. You may express your ideas in writing or
drawings and claim copyright in your description, but be aware that
copyright will not protect the idea itself as revealed in your
written or artistic work.
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How long does copyright last?
The Sonny Bono Copyright Term Extension Act,
signed into law on October 27, 1998, amends the provisions
concerning duration of copyright protection. Effective immediately,
the terms of copyright are generally extended for an additional 20
years. Specific provisions are as follows:
* For works created after January 1, 1978,
copyright protection will endure for the life of the author plus an
additional 70 years. In the case of a joint work, the term
lasts for 70 years after the last surviving author’s death. For
anonymous and pseudonymous works and works made for hire, the term
will be 95 years from the year of first publication or 120 years
from the year of creation, whichever expires first;
* For works created but not published or
registered before January 1, 1978, the term endures for life of the
author plus 70 years, but in no case will expire earlier than
December 31, 2002. If the work is published before December 31,
2002, the term will not expire before December 31, 2047;
* For pre-1978 works still in their original
or renewal term of copyright, the total term is extended to
95 years from the date that copyright was originally secured. For
further information see Circular
15a.
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How much of someone else's work can I use without getting permission?
Under the fair use doctrine of the U.S. copyright statute, it is
permissible to use limited portions of a work including quotes, for
purposes such as commentary, criticism, news reporting, and
scholarly reports. There are no legal rules permitting the use of a
specific number of words, a certain number of musical notes, or
percentages of a work. Whether a particular use qualifies as fair
use depends on all the circumstances. See Circular
21 and FL
102.
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How much do I have to change in my own work to make a new
claim of copyright?
You may make a new claim in your work if the changes are
substantial and creative -- something more than just editorial
changes or minor changes. This would qualify as a new derivative
work. For instance, simply making spelling corrections throughout a
work does not warrant a new registration -- adding an additional
chapter would. See Circular
14 for further information.
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How much do I have to change in order to claim copyright
in someone else's work?
Only the owner of copyright in a work has the right to prepare,
or to authorize someone else to create a new version of that work.
Accordingly, you cannot claim copyright to another's work, no matter
how much you change it, unless you have the owner's consent. See Circular
14.
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How do I get my work into the Library of
Congress?
Copies of works deposited for copyright registration or in
fulfillment of the mandatory deposit requirement are available to
the Library of Congress for its collections. The Library reserves
the right to select or reject any published work for its permanent
collections based on the research needs of Congress, the nation's
scholars, and of the nation's libraries. If you would like further
information on the Library's selection policies, you may contact:
Library of Congress, Collections
Policy Office, 101 Independence Avenue, S.E., Washington, D.C.
20540.
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What is a Library of Congress number?
The Library of Congress Card Catalog Number is assigned by the
Library at its discretion to assist librarians in acquiring and
cataloging works. For further information call the Cataloging
in Publication Division at (202) 707-6345.
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What is an ISBN number?
The International Standard Book Number is administered by the R.
R. Bowker Company 877-310-7333. The ISBN
is a numerical identifier intended to assist the international
community in identifying and ordering certain publications.
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What is a copyright notice? How do I put
a copyright notice on my work?
A copyright notice is an identifier placed on copies of the work
to inform the world of copyright ownership. While use of a copyright
notice was once required as a condition of copyright protection, it
is now optional. Use of the notice is the responsibility of the
copyright owner and does not require advance permission from, or
registration with, the Copyright Office. See Circular 3, Copyright
Notice for requirements for works published before March 1,
1989 and for more information on the form and position of the
copyright notice.
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How do I collect royalties?
The collection of royalties is usually a matter of private
arrangements between an author and publisher or other users of the
author's work. The Copyright Office plays no role in the execution
of contractual terms or business practices. There are copyright
licensing organizations and publications rights clearinghouses
that distribute royalties for their members.
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Somebody infringed my copyright. What
can I do?
A party may seek to protect his or her copyrights against
unauthorized use by filing a civil lawsuit in Federal district
court. If you believe that your copyright has been infringed,
consult an attorney. In cases of willful infringement for profit,
the U.S. Attorney may initiate a criminal investigation.
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Is my copyright good in other countries?
The United States has copyright relations with more than 100
countries throughout the world, and as a result of these agreements,
we honor each other's citizens' copyrights. However, the United
States does not have such copyright relationships with every
country. For a listing of countries and the nature of their
copyright relations with the United States, see Circular 38a, International
Copyright Relations of the United States .
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How do I get on your mailing list?
The Copyright Office does not maintain a mailing list. The
Copyright Office sends periodic e-mail messages via NewsNet,
a free electronic mailing list. Important announcements
and new or changed regulations and the like are published in the
Federal
Register. Most will also appear on the Copyright Office website
on the Internet.
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How do I protect my sighting of Elvis?
Copyright law does not protect sightings. However, copyright law
will protect your photo (or other depiction) of your sighting of
Elvis. Just send it to us with a form VA application and the $30
filing fee. No one can lawfully use your photo of your sighting,
although someone else may file his own photo of his sighting.
Copyright law protects the original photograph, not the subject of
the photograph.
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How do I get permission to use somebody
else's work?
You can ask for it. If you know who the copyright owner is, you
may contact the owner directly. If you are not certain about the
ownership or have other related questions, you may wish to request
that the Copyright Office conduct a search of its records for a fee
of $65 per hour. Additional information can be found in
Circular
22.
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Could I be sued for using somebody
else's work? How about quotes or samples?
If you use a copyrighted work without authorization, the owner
may be entitled to bring an infringement action against you. There
are circumstances under the fair use doctrine where a quote or a
sample may be used without permission. However, in cases of doubt,
the Copyright Office recommends that permission be obtained.
The above article
from the United State Copyright Office web site was reprinted on
April 12, 2001.
