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U.S. COPYRIGHT REGISTRATION
US Copyright registration is a legal formality which
establishes an official record of the basic facts of a particular
copyright. US Copyright is automatic, there is no need for
US copyright registration or US copyright application, and no other action
in the US Copyright Office is required in order to secure your
copyright. US Copyright is secured automatically when the work is
created, and a work is "created" when it is fixed in a copy or phonorecord
for the first time. It immediately applies to any creative work you
produce.
However a timely
copyright registration with the U.S. Copyright Office provides
several advantages, aside from the basic copyright protection, such
as:
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Registration establishes a public record of the copyright
claim.
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Before an infringement suit may be filed in court,
registration is necessary for works of U. S. origin.
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If made before or within 5 years of publication, registration
will establish prima facie evidence in court of the validity of
the copyright and of the facts stated in the certificate.
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If registration is made within 3 months after publication of
the work or prior to an infringement of the work, statutory
damages and attorney's fees will be available to the copyright
owner in court actions. Otherwise, only an award of actual damages
and profits is available to the copyright owner.
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Registration allows the owner of the copyright to record the
registration with the U. S. Customs Service for protection against
the importation of infringing copies.
Timely registration creates a legal presumption
that your claim is valid, and statutory damages, and attorney's fees
will be available to the copyright owner in infringement lawsuits.
By statutory damages, we mean that the copyright owner need not
prove actual monetary loss, it's enough that he or she can prove
that there was in fact an infringement of his or her rights.
Otherwise, in cases where the owner failed to make
a timely registration his or her copyright, i.e. copyright
registration was made only after the occurrence of a copyright
infringement, then the copyright owner can recover only actual
damages, which means that he or she must prove actual monetary
loss before any award for damages can be granted to him or her.
How do I register my copyright?
You begin a copyright registration by sending
the following to the U.S. Copyright office:
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a properly completed application form
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one or two non-returnable samples of your work
(depending on the type of work)
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a non-refundable filing fee.
Place all these in one envelope or package and
send to:
Library of Congress
Copyright Office
Register of Copyrights
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000
The Copyright
Office does not review or assess works in any way, nor does the
Copyright Office check to see whether the title of your work has already been
used. Many works may appear with the same title, but if each work
has been created independently, each will have its own copyright
protection.
When an application form is
received in the Copyright Office, it is reviewed to make sure it was
completed properly. If necessary, suggestions for changes are made,
the relevant information is entered into a data base and a
registration certificate is issued. If you're registering
several works that are part of one series, you may be able to save
money by registering the works together (called "group
registration").
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