Tag: How to Copyright Protect Your Work

In Part Two of this blog series, I discuss special circumstances that apply to copyright registration of online works and I provide resources for additional information.

Special Considerations and Group Registration for Online Works
Normally, registration covers your work in the form it exists on the registration date as reflected in the deposit. For basic filings, registration does not cover revisions. Registration for revisions requires an additional application with an additional registration fee. This is a disadvantage for online works with frequently changing or rotating content.

A potential solution to this problem is using group registration. Group registration is a single registration covering multiple works, multiple versions of a work, or multiple issues of a series. You file group registrations on one application and pay one filing fee. Under certain circumstances, you can register your online work as an automated database or as a serial. The group registration methods can minimize the number of applications you must file and the filing fees you must pay.

Currently, online registration is not available for group registration. You must file your group registration application on paper forms via mail. This situation may rapidly change as the Copyright Office expands its online registration capabilities. I discuss group registration further in my book, The Cyber Citizen’s Guide Through the Legal Jungle.

For Additional Information on Copyright Registration

Copyright Office. The Copyright Office publishes several information circulars about copyright registration. You can get the information circulars by visiting www.copyright.gov or by calling the forms and publication hotline at (202) 707-9100. In addition, the Copyright Office's information specialists are available at (202) 707-5959 on weekdays from 8:30 a.m. to 5:00 p.m. EST to respond to basic questions concerning copyright registration.

The Cyber Citizen’s Guide Through the Legal Jungle: Internet Law for Your Professional Online Presence includes an in-depth discussion of copyright registration for online works (including an explanation of the advantages and requirements for group registration). The Appendix includes fully annotated examples of completed copyright registration applications for a blog, website, podcast, and online newsletter. You can view the full table of contents along with an excerpt here.

Registration Is Not Required For a Valid Copyright
First, understand that you don’t need to register your copyright with the United States Copyright Office in order to have a valid copyright. You have a valid copyright as soon as your work is “fixed in a tangible medium of expression”. This is a phrase used by the Copyright Act and means that your work must be written down or recorded.

Although registration with the Copyright Office is not required to have a valid copyright, registration does provide several benefits:

• the establishment of a public record and evidence of your claim as the valid copyright owner of your work

• the ability to file a federal lawsuit against someone who uses your work without your permission

• eligibility to receive statutory damages and attorneys’ fees in the event you file and win a copyright infringement lawsuit

The Registration Process
Registering your copyright is fairly straightforward. To register your copyright, you must submit three items to the Copyright Office:

1. A completed application. The Copyright Office encourages copyright owners to use online registration for all filings for which online registration is available. To register online, you first create a free account on the Copyright Office’s website.

2. A deposit of your work. A deposit is a copy of the work you are registering. If your work is published both online and in the form of physical copies offline, you must follow the deposit rules applicable to the physical version.

3. The filing fee. Filing fees change periodically and you should verify current fees at the website of the Copyright Office prior to filing.

Processing time varies depending on the Copyright Office’s backlog of applications. Processing time may take several months and sometimes up to or over a year. However, the effective date or your registration is the date on which the Copyright Office receives your completed application.