Copyright Basics—How to Register Your Copyright

Copyright protects your original creative works—books, poems, blog posts, YouTube videos, photographs, illustrations, and sound recordings—when an author fixes the work in a tangible form of expression. So, when you write, type, or speak your literary work, that material is protected by US copyright law. The copyright symbol, ©, present in a book’s front matter, announces to the world that the following original work is copyrighted.

Your work is original if you created it without copying from other sources, and it meets the Supreme Court definition of original that requires the presence of a “spark” and “modicum” of creativity. The law protects expression, but not ideas, procedures, methods, systems, processes, concepts, principles, or discoveries. However, the following aren’t considered creative; thus, not subject to copyright: titles, names, short phrases, and slogans; familiar symbols or designs; and listings of ingredients or contents.

Fixed Works

A work is fixed when authors captured their original work in a permanent medium to perceive, reproduce, or communicate the content for more than a short time. For most authors, writing the first draft fixes the work. When you create original work and fix it, you are the author and the copyright owner. Copyright law allows companies and organizations to own the copyright of works created by their employees.

Copyright Owners Exclusive Rights

US copyright law provides copyright holders with the following rights. The owner can:

• Reproduce the work.
• Create derivative works based upon the original work.
• Distribute, sell, rent, lease, or lend copies of the work to the public.
• Display and perform the work in public.

The length of copyright protection depends on when a work was created. In general, under the current law, works created on or after January 1, 1978, have a copyright term of life of the author plus seventy years after the author’s death. All works published in the United States before 1924 are in the public domain. But works published after 1923, but before 1978 are protected for 95 years from the date of publication.

General Copyright Protection Versus Copyright Registration

Since the creator of the work automatically obtains copyrights on the work, why would anyone consider undertaking additional steps—and expense—to register the copyrights with the US Copyright Office? A simple answer: Registration greatly enhances the value of the copyrights in several ways.

Public Record of Ownership: Registration creates a public record of copyright ownership. Ownership is often the issue in a dispute. Even if the thief does not claim to be the creator, the author has the burden to prove that they are the copyright owner to prevail on a claim of copyright infringement. A public record demonstrating ownership goes a long way in the event such ownership is challenged.

Presumption of Ownership: Courts hold that registration establishes prima facie evidence of the validity of the copyrights and the identity of the copyright owner. This means ownership of the copyright is presumed, and anyone seeking to challenge ownership will have the burden to demonstrate otherwise. This presumption works in the copyright owner’s favor to get an immediate court order directing the alleged thief to stop the unlawful actions.

The Ability to File a Lawsuit for Copyright Infringement: A copyright owner cannot file a lawsuit to enforce/protect its copyrights until the US Copyright Office has issued a registration. The Copyright Office generally takes about seven months to issue a registration after an application is filed.

Authors should consider registering copyrights when the work at issue has a market value. Registration opens the door to $150,000 in statutory damages and protects your work for life plus 70 years! If you wish to recover full damages and attorney fees, the time to act is limited to three months once your work is published/distributed and before infringement occurs.

If you’ve written some original work, registration of your copyright may prevent unauthorized use. 

7 Steps to Register Your Copyright Online

There are four categories of registration: literary works, visual arts works, performing arts, and sound recordings. Books use the literary works—the TX category, and audiobooks use the sound recording—SR category. Online registration (Cost $55) through the electronic Copyright Office (eCO) is the preferred way to register a work’s copyright. But paper mail-in (Cost $125) versions of the forms are available on the Copyright Office website link. The copyright office’s reference document is available for review for added information.

1. Open the copyright office URL in a browser.
2. On the copyright office home page, left-click the Registration tab on the top right to open the following dialogue box. An account in the copyright office’s eCO system is required for online copyright registration. Open the portal’s home page (see image below) with a click of Register Your Work: Registration Portal.

3. Locate the log-in button illustrated below in the center of the portal page and left-click to log into the portal.

4. The log-in button shown below appears. Left-click to continue the log-in process.

To create an account, left-click the bottom line for New User in the image below. Proceed through a series of screens adding account data. After creating an account, start to register your work.

5. After you log in to your account, the following illustration appears. Before you left-click Standard Application and start a registration, watch a training video on completing the process.

To watch the video, left-click Help in the upper right command bar shown in the illustration below.

6. Select the video link in the image below on registering a standard application.

7. Complete the next several screens with book data to register the copyright.

Where to Get Help

The Copyright Office website is the definitive source of information. For additional help contact the Public Information Office online, call at (202) 707-3000 or 1-877-476-0778 (toll-free). Staff is available Monday through Friday, 8:30 a.m. to 5:00 p.m., except for federal holidays.

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