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Copyright in
General
What is copyright?
Copyright is a form of protection grounded in the U.S.
Constitution and granted by law for original works of authorship
fixed in a tangible medium of expression. Copyright covers both
published and unpublished works.
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. See Circular
1, Copyright Basics, section "What
Works Are Protected."
How is a copyright different from a patent or a trademark?
Copyright protects original works of authorship, while a patent
protects inventions or discoveries. Ideas and discoveries are
not protected by the copyright law, although the way in which
they are expressed may be. A trademark protects words, phrases,
symbols, or designs identifying the source of the goods or
services of one party and distinguishing them from those of
others.
When is my work protected?
Your work is under copyright protection the moment it is created
and fixed in a tangible form that it is perceptible either
directly or with the aid of a machine or device.
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. See Circular 1, Copyright Basics, section “Copyright
Registration.”
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 5 years of publication, it is
considered prima facie evidence in a court of law. See Circular
1, Copyright Basics, section “Copyright
Registration” and Circular
38b, Highlights of Copyright Amendments Contained in the
Uruguay Round Agreements Act (URAA), on non-U.S. works.
I’ve heard about a “poor man’s copyright.” What is it?
The practice of sending a copy of your own work to yourself is
sometimes called a “poor man’s copyright.” There is no
provision in the copyright law regarding any such type of
protection, and it is not a substitute for registration.
Is my copyright good in other countries?
The United States has copyright relations with most countries
throughout the world, and as a result of these agreements, we
honor each other's citizens' copyrights. However, the United
States does not have such copyright relationships with every
country. For a listing of countries and the nature of their
copyright relations with the United States, see Circular
38a, International Copyright Relations of the United States.
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. See Circular
1, Copyright Basics, section "What
Works Are Protected."
Can I copyright my website?
The original authorship appearing on a website may be protected
by copyright. This includes writings, artwork, photographs, and
other forms of authorship protected by copyright. Procedures for
registering the contents of a website may be found in Circular
66, Copyright Registration for Online Works.
Can I copyright my domain name?
Copyright law does not protect domain names. The Internet
Corporation for Assigned Names and Numbers (ICANN), a
nonprofit organization that has assumed the responsibility for
domain name system management, administers the assignation of
domain names through accredited registers.
How do I protect my recipe?
A mere listing of ingredients is not protected under copyright
law. However, where a recipe or formula is accompanied by
substantial literary expression in the form of an explanation or
directions, or when there is a collection of recipes as in a
cookbook, there may be a basis for copyright protection. Note
that if you have secret ingredients to a recipe that you do not
wish to be revealed, you should not submit your recipe for
registration, because applications and deposit copies are public
records. See FL
122, Recipes.
Can I copyright the name of my band?
No. Names are not protected by copyright law. Some names may be
protected under trademark law. Contact the U.S.
Patent & Trademark Office, 800-786-9199, for further
information.
How do I copyright a name, title, slogan or logo?
Copyright does not protect names, titles, slogans, or short
phrases. In some cases, these things may be protected as
trademarks. Contact the U.S.
Patent & Trademark Office, 800-786-9199, for further
information. However, copyright protection may be available for
logo artwork that contains sufficient authorship. In some
circumstances, an artistic logo may also be protected as a
trademark.
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.
Does my work have to be published to be protected?
Publication is not necessary for copyright protection.
Can I register a diary I found in my grandmother's attic?
You can register copyright in the diary only if you own the
rights to the work, for example, by will or by inheritance.
Copyright is the right of the author of the work or the author's
heirs or assignees, not of the one who only owns or possesses
the physical work itself. See Circular 1, Copyright Basics,
section “Who
Can Claim Copyright.”
How do I protect my sighting of Elvis?
Copyright law does not protect sightings. However, copyright law
will protect your photo (or other depiction) of your sighting of
Elvis. File your claim to copyright online by means of the electronic
Copyright Office (eCO). Pay the fee online and attach a copy
of your photo. Or, go to the Copyright Office website, fill in
Form CO, print it, and mail it together with your photo and fee.
For more information on registration a copyright, see SL-35. No
one can lawfully use your photo of your sighting, although
someone else may file his own photo of his sighting. Copyright
law protects the original photograph, not the subject of the
photograph.
Does copyright protect architecture?
Yes. Architectural works became subject to copyright protection
on December 1, 1990. The copyright law defines “architectural
work” as “the design of a building embodied in any tangible
medium of expression, including a building, architectural plans,
or drawings.” Copyright protection extends to any
architectural work created on or after December 1, 1990. Also,
any architectural works that were unconstructed and embodied in
unpublished plans or drawings on that date and were constructed
by December 31, 2002, are eligible for protection. Architectural
designs embodied in buildings constructed prior to December 1,
1990, are not eligible for copyright protection. See Circular
41, Copyright Claims in Architectural Works
Can I get a star named after me and claim copyright to it?
No. There is a lot misunderstanding about this. Names are not
protected by copyright. Publishers of publications such as a
star registry may register a claim to copyright in the text of
the volume [or book] containing the names the registry has
assigned to stars, and perhaps the compilation of data; but such
a registration would not extend protection to any of the
individual star names appearing therein. For further information
on copyright protection and names, see Circular
34, Copyright Protection Not Available for Names, Titles, or
Short Phrases
How
do I register my copyright?
To register a work, submit a completed application form, a
nonrefundable filing fee, which is $35 if you register online or
$50 if you register using Form CO; and a nonreturnable copy or
copies of the work to be registered. See Circular 1, Copyright
Basics, section “Registration
Procedures.”
Where can I get application forms?
See SL-35.
Can I make copies of the application form?
You may not make copies of Form CO, which is available only on
the Copyright Office website. Form CO is a fill-in form that
creates and contains unique 2-D barcodes as you fill it in. The
barcodes contain the information you place on the form, and they
enable the Office to process your application faster and more
efficiently.
Can I file online?
Yes. We offer online registration through our electronic
Copyright Office (eCO) at a reduced fee of $35. See SL-35.
What is the registration fee?
If you file online using eCO eService, the fee is $35 per
application. If you file using Form CO, the fee is $50 per
application. Generally, each work requires a separate
application. See Circular
4, Copyright Fees.
Do you take credit cards?
If you file your application online using eCO eService, you may
pay by credit card. Credit cards are not accepted for
registration through the mail, but may be used for
registrations that are filed in person in the Copyright Office.
There are other services for which the Copyright Office will
accept a credit card payment. For more information see Circular
4, Copyright Fees, section Certain
Fees and Services May Be Charged to a Credit Card.
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. Your copies will not be returned. If you register
online using eCO eService, you may attach an electronic
copy of your deposit. However, even if you register online,
if the Library of Congress requires a hard-copy deposit of your
work, you must send what the Library defines as the "best
edition" of your work. For further information, see Circular
7b, Best Edition of Published Copyrighted Works for the
Collection of the Library of Congress, and Circular
7d, Mandatory Deposit of Copies or Phonorecords for the
Library of Congress. Upon their deposit in the Copyright Office,
under sections 407
and 408
of the copyright law, all copies and identifying material,
including those deposited in connection with claims that have
been refused registration, are the property of the U.S.
government.
Will my deposit be damaged by security measures in place on
Capitol Hill?
To avoid damage to your hard-copy deposit caused by necessary
security measures, package the following items in boxes rather
than envelopes for mailing to the Copyright Office:
• electronic media such as audiocassettes,
videocassettes, CDs, and DVDs
• microform
• photographs
• slick advertisements, color photocopies, and
other print items
May I register more than one work on the same application? Where
do I list the titles?
You may register unpublished works as a collection on one
application with one title for the entire collection if certain
conditions are met. It is not necessary to list the individual
titles in your collection. Published works may only be
registered as a collection if they were actually first published
as a collection and if other requirements have been met. See
Circular 1, Copyright Basics, section “Registration
Procedures.”
Do I have to use my real name on the form? Can I use a stage
name or a pen name?
There is no legal requirement that the author be identified by
his or her real name on the application form. For further
information, see FL
101, Pseudonyms. If filing under a fictitious name, check
the “Pseudonymous” box when giving information about the
authors.
Will my personal information be available to the public?
Yes. Please be aware that when you register your claim to a
copyright in a work with the U.S. Copyright Office, you are
making a public record. All the information you provide on your
copyright registration is available to the public and will be
available on the Internet.
How long does the registration
process take, and when will I receive my certificate?
The time the Copyright Office requires to process an application
varies, depending on the number of applications the Office is
receiving and clearing at the time of submission and the extent
of questions associated with the application. Current
Processing Times
Can I submit my manuscript on a computer disk?
No. Floppy disks and other removal media such as Zip disks,
except for CD-ROMs, are not acceptable. Therefore, the Copyright
Office still generally requires a printed copy or audio
recording of the work for deposit. However, if you register
online using eCO eService, you may attach an electronic copy of
your deposit. However, even if you register online, if the
Library of Congress requires a hard-copy deposit of your work,
you must send what the Library defines as the "best
edition" of your work. For further information, see Circular
7b, Best Edition of Published Copyrighted Works for the
Collection of the Library of Congress, and Circular
7d, Mandatory Deposit of Copies or Phonorecords for the
Library of Congress.
Can I submit a CD-ROM of my work?
Yes. The deposit requirement consists of the best edition of the
CD-ROM package of any work, including the accompanying operating
software, instruction manual, and a printed version, if included
in the package.
Does my work have to be published to be protected?
Publication is not necessary for copyright protection.
How much do I have to change in my own work to make a new claim
of copyright?
You may make a new claim in your work if the changes are
substantial and creative, something more than just editorial
changes or minor changes. This would qualify as a new derivative
work. For instance, simply making spelling corrections
throughout a work does not warrant a new registration, but
adding an additional chapter would. See Circular
14, Copyright Registration for Derivative Works, for further
information.
Do you have special mailing requirements?
If you register online, you may attach an electronic copy of
your deposit unless a hard-copy deposit is required under the
"Best Edition" requirements of the Library of
Congress. See Circular
7b. If you file using a paper application, our only
requirement is that all three elements—the application, the
copy or copies of the work together with the shipping slip
printed when you fill out Form CO online, and the filing
fee—be sent in the same package. Please limit any individual
box to 20 pounds. Many people send their material to us by
certified mail, with a return receipt request, but this is not
required.
Please note that our mail service is severely disrupted. (Read
more details.)
eCO Online System
File a copyright
registration for your work through the Copyright Office online
system.
Before using the
service, we recommend you first read eCO
Acceptable File Types, eCO
Tips, eCO FAQs,
or eCO
Tutorial (PowerPoint) eCO
Tutorial (PDF). For recently added features, see eCO
Updates.
Advantages include:
- Lower filing fee of $35 for a
basic claim (for online filings only)
- Fastest processing time
- Online status tracking
- Secure payment by credit or
debit card, electronic check, or Copyright Office deposit
account
- The ability to upload certain
categories of deposits directly into eCO as electronic files
- Available 24 hours a day, except
for routine maintenance every Sunday from 12:00 midnight to
6:00 AM Eastern Time
Processing Time: Ninety percent of
online filers should receive a certificate of registration within
six months of submission. One-third should receive a certificate
within ten weeks of submission. Whatever time is needed to issue a
certificate, the effective date of registration is the day the
Copyright Office receives a complete submission in acceptable
form. You do not need to wait for a certificate to proceed with
publication.
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