What does copyright
protect?
Copyright, a form of intellectual property law, protects original
works of authorship including literary, dramatic, musical, and artistic works such as
poetry, novels, movies, songs, computer software and architecture. Copyright does not
protect facts, ideas, systems, or methods of operation, although it may protect the way
these things are expressed. [TOP]
When is my work protected?
Your work is under copyright protection the moment it is created and
fixed in a tangible form so that it is perceptible either directly or with the aid of a
machine or device. [TOP]
Where can I get application forms?
You may get forms from the U.S. Copyright Office in person, by
mailing in a request, or by calling their 24-hours-per-day forms hotline: (202) 707-9100.
[TOP]
When will I get my certificate?
The time the Copyright Office requires to process an application
varies, depending on the amount of material the Office is receiving. You may generally
expect a certificate of registration within approximately 8 months of submission. [TOP]
How can I obtain copies of someone else's
work and/or registration certificate?
The Copyright Office will not honor a request for a copy of someone
else's work without written authorization from the owner or from his or her designated
agent if that work is still under copyright protection, unless the work is involved in
litigation. Written permission from the copyright owner or a litigation statement is
required before copies can be made available. A certificate of registration for any
registered work can be obtained for a fee of $25. [TOP]
What is mandatory deposit?
Copies of all works under copyright protection that have been
published in the United States are required to be deposited with the Copyright Office
within three months of the date of first publication. [TOP]
Do I have to register with your office to
be protected?
No. In general, registration is voluntary. Copyright exists from the
moment the work is created. You will have to register, however, if you wish to bring a
lawsuit for infringement of a U.S. work. [TOP]
Why should I register my work if copyright protection
is automatic?
Registration is recommended for a number of reasons. Many choose to
register their works because they wish to have the facts of their copyright on the public
record and have a certificate of registration. Registered works may be eligible for
statutory damages and attorney's fees in successful litigation. Finally, if registration
occurs within five years of publication, it is considered prima facie evidence in a court
of law. [TOP]
How do I register my copyright?
To register a work, you need to submit a completed application form,
a non-refundable filing fee of $30, and a non-returnable copy or copies of the work to be
registered. [TOP]
How long does the registration process take?
The time the Copyright Office requires to process an application
varies, depending on the amount of material the Office is receiving. You may generally
expect a certificate of registration within approximately 8 months of submission. [TOP]
Do I have to send in my work? Do I get it
back?
Yes, you must send the required copy or copies of the work to be
registered. These copies will not be returned. Upon their deposit in the Copyright Office,
under sections 407 and 408 of the Copyright law, all copies, phonorecords, and identifying
material, including those deposited in connection with claims that have been refused
registration, are the property of the United States Government. [TOP]
How do I protect my idea?
Copyright does not protect ideas, concepts, systems, or methods of
doing something. You may express your ideas in writing or drawings and claim copyright in
your description, but be aware that copyright will not protect the idea itself as revealed
in your written or artistic work. See Patent F.A.Q. [TOP]
How long does copyright last?
The Sonny Bono Copyright Term Extension Act, signed into
law on October 27, 1998, amends the provisions concerning duration of copyright
protection. Effective immediately, the terms of copyright are generally extended for an
additional 20 years. Specific provisions are as follows:
* For works created after January 1, 1978, copyright
protection will endure for the life of the author plus an additional 70 years. In the
case of a joint work, the term lasts for 70 years after the last surviving author’s
death. For anonymous and pseudonymous works and works made for hire, the term will be 95
years from the year of first publication or 120 years from the year of creation, whichever
expires first;
* For works created but not published or registered
before January 1, 1978, the term endures for life of the author plus 70 years, but in no
case will expire earlier than December 31, 2002. If the work is published before December
31, 2002, the term will not expire before December 31, 2047;
* For pre-1978 works still in their original or
renewal term of copyright, the total term is extended to 95 years from the date
that copyright was originally secured. [TOP]
Somebody infringed my copyright. What can
I do?
A party may seek to protect his or her copyrights against
unauthorized use by filing a civil lawsuit in Federal district court. If you believe that
your copyright has been infringed, consult an attorney. In cases of willful infringement
for profit, the U.S. Attorney may initiate a criminal investigation. [TOP]
