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Preventing Copyright Infringement With Registration

A copyright provides the creator or author of a work with the sole power to sell, distribute or make changes to the work. From a legal perspective, it also prevents other individuals and entities from claiming a creator’s work as their own or using it to earn profits. As an artist, writer, musician or business owner, understanding the copyright process is an essential part of protecting your material. Without a copyright, your work can be used by other parties without your permission. The following article will provide you with the knowledge you need to register your copyright.

Registration Basics

It is not necessary to register your copyright with the federal government. The creator of a work receives sole rights to the work immediately after its creation. As long as the work is recorded in a fixed medium such as a book, audiotape or computer program, the creator can take legal action against anyone who attempts to utilize the work without written consent. Registration simply provides the creator or author with easy access to a work’s copyright information. This information is stored in the Library of Congress, and in the event of litigation, you will have irrefutable proof that the work belongs to you.

Before attempting to register a copyright, you should be sure that your material is eligible for registration. The federal government allows authors and creators to register the following types of work:

  • Visual art
  • Literary art
  • Sound recordings
  • Video productions
  • Newspapers, periodicals, and magazines
  • Performance art
  • Architectural work
  • Computer software

The Application Process

In order to officially register your copyright, you must first fill out an application. The application will require you to submit three separate pieces of information:

  1. The completed registration application
  2. A nonreturnable sample of the work that you wish to register
  3. A nonrefundable filing fee of $30

If your work was published in the United States on or after January 1, 1978, you must submit two copies of the best edition. If it was published prior to this date, you must submit two copies of the work as it was first published. For foreign authors or creators, you should follow the same rule. If you are sending multiple works, all of your applications, fees and deposits should be sent in a single package.

It is immensely important to submit the required material with your application. If your application does not include the appropriate fees and identifying materials, it will likely be returned and you will have to start from scratch. If your sample is published without fees or applications, it will immediately be transferred to the Library of Congress. The published sample can be used for registration, but the same rules apply. If you still wish to register your work, you will have to deposit additional copies along with your fee and application.

Renewing Your Registration

As time progresses, you may wish to renew your copyright registration. To do this, you will need to submit the application Form RE, and if necessary, the Form RE Addendum for old or foreign publications. You will also need to send a nonrefundable filing fee of $60 (without Addendum) or $90 (with Addendum) for each application. Your Addendum forms should be accompanied by a deposit of the work being reviewed.

Protect Your Work From Infringement

Registering your copyright is an easy way to prevent your work from being copied by another person or business. It is not necessary, but if you must face the infringer in court, registration entitles you to monetary compensation. Plus, the infringer will be responsible for paying your lawyer. As long as you submit all of the required materials and no one else can lay claim to your work, you should have no issue registering your copyright.

Legal Disclaimer

The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.

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