Applying for a Copyright

Even though a copyright exists immediately upon the original creation and fixation thereof, there are significant advantages to filing a copyright application and obtaining a United States Copyright Registration. This is true because the rights that are created immediately through original creation and fixation do not entitle the creator to sue an infringer. In fact, United States federal law states that the only place you can sue an infringer is in federal court, and the only way you have the ability to bring an action in federal court is if you have a federally registered copyright. The importance of this is enormous. Without a federally registered copyright you simply cannot prevent anyone from copying your work. Even if you would ultimately have no intention of suing, you cannot even use the threat of a lawsuit to scare away an infringer. Therefore, a federal registration is absolutely essential if you have anything of value worth protecting.

It is also extremely important to register as soon after creation and fixation as possible. Delaying registration may severely limit the amount of damages that can be awarded in the event there is a finding of copyright infringement. Again, you might not be so worried about actually suing an infringer, but without a timely filed copyright application the threat of substantial copyright damages is not present and that can and will significantly lessen the threat posed by a lawsuit, which will likely make it harder for you to deter infringement.

Finally, in the Internet age that we live in today, infringement frequently happens online. If you have a federally registered copyright and the infringer refuses to cease infringement, you can notify the web hosting provider and demand they take action to rectify the ongoing infringement. If the hosting provider does not take action they will become liable. If they do take action they cannot be held liable for past infringement. What this means is that with a federal registration, if the infringement is occurring online you can easily stop the infringement in its tracks. Without a federal registration there is going to be little or nothing you can due to deter infringement online.

As illustrated above, a federal registration is critically important for any work that can be copyrighted. Because the filing fee paid to the Copyright Office to obtain a copyright is currently only $45, you should register every work that can be registered. For the price, copyright protection is the best bargain in the world of intellectual property protection.

The Copyright Office does not go through any real examination process before issuing a copyright. What this means is that in virtually all cases you simply file the forms, pay the $45 fee and you will receive a copyright. This process can take at least 8 months, perhaps longer. One thing to be aware of, however, is that the Copyright Office will require the forms to be filled out correctly. That may seem like an easy enough requirement to satisfy, but if you make so much as one error the form will be returned to you with instructions to fill the form out correctly and completely. Perhaps this is a function of them not having any real power to review copyright applications substantively. In any event, the Copyright Office folks are sticklers for accuracy. Failure to be 100% accurate will not jeopardize the issuance of a copyright, it will just make the process take longer.

Many people will simply file their own copyright application, which is certainly an option, but this can be daunting. Filling out forms is not really the daunting part, but rather figuring out which of the forms to use and exactly how to go about registering your particular work is what will make this seemingly easy task seem rather difficult. For this reason, some will go to an attorney, which seems to be overkill given the amount an attorney would charge. For those who do not want to pay an attorney by the hour to fill out the copyright forms, but who are not able or willing to spend the time doing it themselves, there is a third option, which is to use a copyright registration service.

For those who are not to be deterred, here is information about applying for a copyright, which is published by the United States Copyright Office:

• Make Sure Your Application Will Be Acceptable

• Copyright Office Fees

• Copyright Registration for Derivative Works

• Copyright Registration for Works of the Visual Arts

• Copyright Claims in Architectural Works

• Cartoons and Comic Strips

• Copyright Registration for Motion Pictures Including Video Recordings

• Copyright Registration for Musical Compositions

• Copyright Registration for Multimedia Works

• Copyright Registration for Sound Recordings

• Copyright Registration of Musical Compositions

• Copyright Registration for Computer Programs

• Copyright Registration for Serials

• Copyright Registration of Newspapers and Newsletters

• Copyright Registration for Secure Tests

• Copyright Registration for Automated Databases

• Copyright Registration for Online Works