Copyright FAQ's

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.

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.

Copyright Office, Library of Congress, 101 Independence Avenue, S.E., Washington, D.C. 20559-6000. (202) 707-3000. To order application forms, the number is (202) 707-9100.

You may get forms from the U.S. Copyright Office in person, by mailing in a request, or by calling the 24-hours-per-day forms hotline: (202) 707-9100. Forms may also be downloaded from http://www.copyright.gov.

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 .

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.

Does the Copyright Office have a list of songs or movies in the public domain?

No, they neither compile nor maintain such a list. The Copyright Office will conduct a search of thier 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.

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. A deposit is usually one copy (if unpublished) or two copies (if published) of the work to be registered for copyright.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. The deposit is sent with the application and fee and becomes the property of the Library of Congress.

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.

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.

Is the U.S. Copyright Office 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.

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.

How can I know if the Copyright Office 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.

Copyright registration is effective on the day the Copyright Office receives the appropriate form, copy or copies of the work, and the $30 filing fee. The Copyright Office will not be 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.

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.

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.

No. Works created on or after January 1, 1978, are not subject to renewal registration. As to works published or registered prior to January 1, 1978, renewal registration is optional after 28 years but does provide certain legal advantages.

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.

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.

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.

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.

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.

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, the employer or commissioning party is considered to be the author.

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.

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.

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.

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.

Yes. Like any other property, all or part of the rights in a work may be transferred by the owner to another.

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.

No. Names are not protected by copyright law. Some names may be protected under trademark law.

Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. 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.

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.

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.

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.

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.

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.

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.

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.

The International Standard Book Number is administered by the R. R. Bowker Company (908) 665-6770. The ISBN is a numerical identifier intended to assist the international community in identifying and ordering certain publications.

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.

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.

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.

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.

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.

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