So much of what we all do on a regular basis may be copyrighted. Our emails, text messages, doodlings, and pictures of friends are all copyrightable. In fact you do not need to submit your work to the copyright office to get a basic "common-law" copyright. That comes automatically when you hit the send button or snap the picture. Normally we do not bother with protecting those things we create as part of our daily activities. However once we invest lots of time in making that perfect picture or the doodling that morphs into that work of art then it is time to get serious about getting your work copyrighted. What sorts of things may be copyrighted? Here is a typical list:
The holder of a copyright, common-law or registered, has the right to:
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So you may be asking yourself, "Why do I need to register my work if a common-law copyright holder has the same rights as I do?" Registering your work gives you one very significant advantage over common-law copyrights and that is that the amount of money that may be awarded to you in a court case will likely be much greater. There are other advantages to registering your work but this advantage is so beneficial and effective at deterring infringers that it is well worth it especially considering that the cost of a copyright is so low.
Advantages to Registration
- Establishes a public record that you are the owner and holder of the copyrightable work.
- Allows you to sue infringers in federal court using laws more favorable to copyright holders.
- If made within 5 years of publication, establishes a presumption in court concerning the validity of the copyright and of the information stated in the copyright certificate.
- Allows you, the holder of the copyright, to record your copyright with US Customs to prevent the importation of goods that infringe your copyright into the United States.
- The most important advantage is that if you register within 3 months of publication of the work or at any time prior to an infringement of the work you are entitled to seek statutory damages and attorney's fees in federal court. Without registration, you will only be given an award of actual damages and profits. Actual damages and profits are far more difficult to prove than statutory damages.
- Allows the copyright owner to record the registration with U.S. Customs to protect against the importation of infringing copies into the US.
Copyright Frequently Asked Questions
What are your fees for filing a copyright application?
My fees for filing and shepherding a copyright application from start to finish are very competitive. I price shop my fees with other services on the internet such as Legalzoom to make sure that you are getting an excellent deal. As mentioned above I am personally involved with every aspect of every application I file. I will not make you fill out online forms that ask you for information on questions you are not sure how to answer. My promise to you is that I will personally call you, I will personally review and gather the information I need from you, I will personally perform all of the legal research, and I will personally file your application.
The table below lists my fees for services on typical applications. Please note that I reserve the right to change my fee if your application has complicating factors.
The table below lists my fees for services on typical applications. Please note that I reserve the right to change my fee if your application has complicating factors.
Services |
Fees |
Filing of Copyright Application: To file an application please send me a request via my Contact Me page. We will coordinate a 30 minute time period when we may talk over the phone, Skype, or in person. During this time I will gather from you all of the necessary information needed to file your application and determine your costs. After your trust account has been funded I will then file your application. The more applications that I file for you the lower your cost! You do not need to fill out any forms with complicated questions and I will review with you any legal issues that we come across. It can't get any easier! The Copyright Office does charge a fee of $35 per application. |
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Requests for Reconsideration (Appeals): The copyright office may, in certain circumstances, reject your application. There are two levels of appeals the first being handled by the office that directly rejected your application. If the first appeal fails a second appeal may be filed and is handled by the Board of Review. The Copyright Office does charge a fee of $250 for the first appeal and $500 for the second. |
$900 |
Request to Expedite Processing: A copyright application may take a number of months to be processed. However, if time is of the essence, you may petition to have your application be expedited. Applications that are expedited take less than a month to be processed by the Copyright Office. The Copyright Office does charge a fee of $800 to expedite the processing of an application. |
$500 |
Request for Copy of Deposit: The copyright office does not make deposits available online for others to see. If you are threatened with copyright infringement you are taking the word of your accuser that the copy of the deposit they have sent you is indeed the same copy that was actually registered. Why take their word that you are infringing on their copyright? Get a copy of what they had deposited and verify! |
$800 to prepare and file the request. The copyright office fee depends upon the size of the deposit. |
What is a copyright and what protections are provided?
So what is a copyright? Copyright protection is available to original works of authorship that are fixed in a tangible form, whether published or unpublished. This includes not only what has been typically associated with copyrights such as literary, dramatic, musical, and artistic works but also pantomimes, choreographs, computer code, motion pictures, sound recordings, architectural works, and more. Yet even among works already enumerated there are certain criteria that must be satisfied before the work may be copyrighted:
- Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded).
- Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents.
- ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration.
- works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources).
Do i have to register my work in order to receive copyright protection?
The short answer here is "No". Your work is protected by copyright laws as soon as the expressive work is fixed on a tangible medium.
Having said the above; the use of the notice may be important because it informs the public that the work is protected by copyright, identifies the copyright owner, and shows the year of first publication. Furthermore, in the event that a work is infringed, if a proper notice of copyright appears on the published copy or copies to which a defendant in a copyright infringement suit had access, then no weight shall be given to such a defendant’s interposition of a defense based on innocent infringement in mitigation of actual or statutory damages, except as provided in section 504(c)(2) of the copyright law. Innocent infringement occurs when the infringer did not realize that the work was protected.
Having said the above; the use of the notice may be important because it informs the public that the work is protected by copyright, identifies the copyright owner, and shows the year of first publication. Furthermore, in the event that a work is infringed, if a proper notice of copyright appears on the published copy or copies to which a defendant in a copyright infringement suit had access, then no weight shall be given to such a defendant’s interposition of a defense based on innocent infringement in mitigation of actual or statutory damages, except as provided in section 504(c)(2) of the copyright law. Innocent infringement occurs when the infringer did not realize that the work was protected.
what is the proper way to mark my work as being copyrighted?
The notice for visually perceptible copies should contain all the following three elements:
Providing a notice of copyright is optional. However it does make your case stronger in court when you have filed a claim against an infringer.
- The symbol © (the letter C in a circle), or the word “Copyright,” or the abbreviation “Copr.”;
- The year of first publication of the work. In the case of compilations or derivative works incorporating previously published material, the year date of first publication of the compilation or derivative work is sufficient. The year date may be omitted where a pictorial, graphic, or sculptural work, with accompanying textual matter, if any, is reproduced in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or any useful article; and
- The name of the owner of copyright in the work, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner.
Providing a notice of copyright is optional. However it does make your case stronger in court when you have filed a claim against an infringer.
how can i file for international protection for my copyright?
There is no such thing as an “international copyright” that will automatically protect an author’s writings throughout the world. Protection against unauthorized use in a particular country depends on the national laws of that country. However, most countries offer protection to foreign works under certain conditions that have been greatly simplified by international copyright treaties and conventions. There are two principal international copyright conventions, the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention) and the Universal Copyright Convention (UCC).
The United States became a member of the Berne Convention on March 1, 1989. It has been a member of the UCC since September 16, 1955. Generally, the works of an author who is a national or domiciliary of a country that is a member of these treaties or works first published in a member country or published within 30 days of first publication in a Berne Convention country can claim protection under the treaties. Even if a work cannot be brought under an international convention, protection may be available in other countries by virtue of a bilateral agreement between the United States and other countries or under specific provision of a country’s national laws.
There are no formal requirements in the Berne Convention. Under the UCC, any formality in a national law can be satisfied by the use of a notice of copyright in the form and position specified in the UCC. A UCC notice should consist of the symbol © (C in a circle) accompanied by the year of first publication and the name of the copyright proprietor (example: © 2006 John Doe). This notice must be placed in such a manner and location as to give reasonable notice of the claim to copyright. Since the Berne Convention prohibits formal requirements that affect the “exercise and enjoyment” of the copyright, the United States changed its law on March 1, 1989, to make the use of a copyright notice optional. U.S. law, however, still provides certain advantages for use of a copyright notice; for example, the use of a copyright notice can defeat a defense of “innocent infringement.”
An author who desires copyright protection for his or her work in a particular country should first determine the extent of protection available to works of foreign authors in that country. If possible, this should be done before the work is published anywhere, because protection may depend on the facts existing at the time of first publication.
The United States became a member of the Berne Convention on March 1, 1989. It has been a member of the UCC since September 16, 1955. Generally, the works of an author who is a national or domiciliary of a country that is a member of these treaties or works first published in a member country or published within 30 days of first publication in a Berne Convention country can claim protection under the treaties. Even if a work cannot be brought under an international convention, protection may be available in other countries by virtue of a bilateral agreement between the United States and other countries or under specific provision of a country’s national laws.
There are no formal requirements in the Berne Convention. Under the UCC, any formality in a national law can be satisfied by the use of a notice of copyright in the form and position specified in the UCC. A UCC notice should consist of the symbol © (C in a circle) accompanied by the year of first publication and the name of the copyright proprietor (example: © 2006 John Doe). This notice must be placed in such a manner and location as to give reasonable notice of the claim to copyright. Since the Berne Convention prohibits formal requirements that affect the “exercise and enjoyment” of the copyright, the United States changed its law on March 1, 1989, to make the use of a copyright notice optional. U.S. law, however, still provides certain advantages for use of a copyright notice; for example, the use of a copyright notice can defeat a defense of “innocent infringement.”
An author who desires copyright protection for his or her work in a particular country should first determine the extent of protection available to works of foreign authors in that country. If possible, this should be done before the work is published anywhere, because protection may depend on the facts existing at the time of first publication.