Should I Register my Copyright?
If you intend to license or otherwise publish (definition) your original work, you should protect your rights by registering the work with the Copyright office before publication, or within three months of its publication. Any later than that and you will lose the ability to recover statutory damages and attorney fees in any subsequent litigation for infringement, leaving you to have to pay your own attorney and establish lost profits and actual damages, which can be difficult.
The following is an overview of the copyright registration process in the United States, along with some pitfalls to steer clear of.
Steps to Register a Copyright in the United States:
- Prepare Your Work Thoroughly: Before you embark on the registration process, ensure that your work is in its final, completed form. This is because once your work is registered, you cannot make any changes to it. For instance, if you're registering a book, make sure all chapters, the table of contents, and acknowledgments are final.
- Gather All Relevant Information: You'll need to have the following details at hand to complete your application:
- The title of your work. If your work is part of a larger collection, like a chapter in a book, provide the title of the collection as well.
- The authorship details. If the work has multiple authors, specify the order in which they are to be credited.
- Publication details. If your work has been published, you'll need to know the date and place of publication. If it hasn't, you'll still need to provide the date of creation.
- Complete the Application: The U.S. Copyright Office provides an online application portal for your convenience. Here's what you can expect from the application process:
- Description of Your Work: You'll be asked to provide a detailed description of your work. Be as specific as possible. For example, if you're registering a photograph, describe the subject matter, the setting, and any distinctive features.
- Copy or Sample of Your Work: You'll need to provide a copy or sample of your work. The Copyright Office provides guidelines on the appropriate format and size for different types of works. For instance, for literary works, you'll need to provide a sufficient portion to establish copyright, but not so much that it exceeds the allowed size.
- Pay the Fee: The fee for online registration starts at $45. However, this fee is subject to change, so it's a good idea to check the U.S. Copyright Office's website for the most up-to-date information. Also, note that additional fees may apply depending on the type of work and any complications that may occur.
- Wait for Processing: After submitting your application, the Copyright Office will review it. This process can take several months, so it's important to plan ahead. While your application is being processed, you can check its status online.
Potential Pitfalls to Avoid:
- Timing: You must register your copyright before you can sue for infringement. If you wait until after an infringement has occurred, you might lose the right to collect damages. For example, if someone uses your poem or photograph without permission, and you wait until they've started selling prints to register your copyright, you might not be able to claim statutory damages or attorney's fees.
- Incomplete or Inaccurate Information: Ensure all information on your application is accurate and complete to avoid problems before and after registration is complete. Inaccuracies can lead to significant delays in processing your application, or even rejection. If you incorrectly list the publication date of your work, the Copyright Office might not be able to locate a record of your registration in the event of a dispute.
If you have a unique or specific copyright question and are considering hiring an attorney to protect your rights under copyright law, open a conversation with us.