This is page 3 of Starting Your Own Statuary Casting Business
This copyright information is supplied by
the Library of Congress of the United States
We offer this copyright informatoin to our readers as part of our
article on starting your own home business. Dan Kijak Plaster
Master Industries
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Copyright Information Table of Contents
Copyright is a form of protection provided by the laws of the United States (title 17,
U.S. Code) to the authors of “original works of authorship,” including literary,
dramatic, musical, artistic, and certain other intellectual works. This protection is
available to both published and unpublished works. Section 106 of the 1976 Copyright Act
generally gives the owner of copyright the exclusive right to do and to authorize others
to do the following:
- To reproduce the work in copies or phonorecords;
- To prepare derivative works based upon the work;
- To distribute copies or phonorecords of the work to the public
by sale or other transfer of ownership, or by rental, lease, or lending;
- To perform the work publicly, in the case of literary, musical,
dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual
works;
- To display the copyrighted work publicly, in the case of
literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic,
or sculptural works, including the individual images of a motion picture or other
audiovisual work; and
- In the case of sound recordings, to perform the work publicly
by means of a digital audio transmission.
In addition, certain authors of works of visual art have the rights of attribution and
integrity as described in section
106A of the 1976 Copyright Act. For further information, request Circular 40, “Copyright
Registration for Works of the Visual Arts.”
It is illegal for anyone to violate any of the rights provided by the copyright law to
the owner of copyright. These rights, however, are not unlimited in scope. Sections 107 through 121 of
the 1976 Copyright Act establish limitations on these rights. In some cases, these
limitations are specified exemptions from copyright liability. One major limitation is the
doctrine of "fair use," which is given a statutory basis in section 107 of the 1976
Copyright Act. In other instances, the limitation takes the form of a "compulsory
license" under which certain limited uses of copyrighted works are permitted upon
payment of specified royalties and compliance with statutory conditions. For further
information about the limitations of any of these rights, consult the copyright law or
write to the Copyright Office.
Copyright protection subsists from the time the work is created in fixed form. The
copyright in the work of authorship immediately becomes the
property of the author who created the work. Only the author or those deriving their
rights through the author can rightfully claim copyright.
In the case of works made for hire, the employer and not
the employee is considered to be the author. Section 101 of the
copyright law defines a "work made for hire" as:
- (1) a work prepared by an employee within the scope of his or her employment; or
- (2) a work specially ordered or commissioned for use as:
- a contribution to a collective work
- a part of a motion picture or other audiovisual work
- a translation
- a supplementary work
- a compilation
- an instructional text
- a test
- answer material for a test
- a sound recording
- an atlas
if the parties expressly agree in a written instrument signed by them that the work
shall be considered a work made for hire....
The authors of a joint work are co-owners of the copyright in the work, unless there is
an agreement to the contrary.
Copyright in each separate contribution to a periodical or other collective work is
distinct from copyright in the collective work as a whole and vests initially with the
author of the contribution.
Two General Principles
- Mere ownership of a book, manuscript, painting, or any other copy or phonorecord does
not give the possessor the copyright. The law provides that transfer of ownership of any
material object that embodies a protected work does not of itself convey any rights in the
copyright.
- Minors may claim copyright, but state laws may regulate the business dealings involving
copyrights owned by minors. For information on relevant state laws, consult an attorney.
Copyright protection is available for all unpublished works, regardless of the
nationality or domicile of the author.
Published works are eligible for copyright protection in the United States if any
one of the following conditions is met:
- On the date of first publication, one or more of the authors is a national or
domiciliary of the United States, or is a national, domiciliary, or sovereign authority of
a treaty party,* or is a stateless person wherever that person may be domiciled; or
| * A treaty party is a country or intergovernmental organization other than
the United States that is a party to an international agreement. |
- The work is first published in the United States or in a foreign nation that, on the
date of first publication, is a treaty party. For purposes of this condition, a work that
is published in the United States or a treaty party within 30 days after publication in a
foreign nation that is not a treaty party shall be considered to be first published in the
United States or such treaty party, as the case may be; or
- The work is a sound recording that was first fixed in a treaty party; or
- The work is a pictorial, graphic, or sculptural work that is incorporated in a building
or other structure, or an architectural work that is embodied in a building and the
building or structure is located in the United States or a treaty party; or
- The work is first published by the United Nations or any of its specialized agencies, or
by the Organization of American States; or
- The work is a foreign work that was in the public domain in the United States prior to
1996 and its copyright was restored under the Uruguay Round Agreements Act (URAA). Request
Circular 38b,
"Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act
(URAA-GATT)," for further information.
- The work comes within the scope of a Presidential proclamation.
Copyright protects "original works of authorship" that are fixed in a
tangible form of expression. The fixation need not be directly perceptible so long as it
may be communicated with the aid of a machine or device. Copyrightable works include the
following categories:
- (1) literary works;
- (2) musical works, including any accompanying words
- (3) dramatic works, including any accompanying music
- (4) pantomimes and choreographic works
- (5) pictorial, graphic, and sculptural works
- (6) motion pictures and other audiovisual works
- (7) sound recordings
- (8) architectural works
These categories should be viewed broadly. For example, computer programs and most
"compilations" may be registered as "literary works"; maps and
architectural plans may be registered as "pictorial, graphic, and sculptural works."
Several categories of material are generally not eligible for federal copyright
protection. These include among others:
- Works that have not been fixed in a tangible form of
expression (for example, choreographic works that have not been notated or recorded, or
improvisational speeches or performances that have not been written or recorded)
- Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations
of typographic ornamentation, lettering, or coloring; mere listings of ingredients or
contents
- Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or
devices, as distinguished from a description, explanation, or illustration
- Works consisting entirely of information that is common
property and containing no original authorship (for example: standard calendars, height
and weight charts, tape measures and rulers, and lists or tables taken from public
documents or other common sources)
Copyright Secured Automatically upon Creation
The way in which copyright protection is secured is frequently misunderstood. No
publication or registration or other action in the Copyright Office is required to secure
copyright. (See following Note.) There are, however,
certain definite advantages to registration. See "Copyright
Registration."
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. "Copies" are material objects from which a work can be read or visually
perceived either directly or with the aid of a machine or device, such as books,
manuscripts, sheet music, film, videotape, or microfilm. "Phonorecords" are
material objects embodying fixations of sounds (excluding, by statutory definition, motion
picture soundtracks), such as cassette tapes, CDs, or LPs. Thus, for example, a song (the
"work") can be fixed in sheet music (" copies") or in phonograph disks
(" phonorecords"), or both.
If a work is prepared over a period of time, the part of the work that is fixed on a
particular date constitutes the created work as of that date.
Publication is no longer the key to obtaining federal copyright as it was under the
Copyright Act of 1909. However, publication remains important to copyright owners.
The 1976 Copyright Act defines publication as follows:
"Publication" is the distribution of copies or phonorecords of a work to the
public by sale or other transfer of ownership, or by rental, lease, or lending. The
offering to distribute copies or phonorecords to a group of persons for purposes of
further distribution, public performance, or public display constitutes publication. A
public performance or display of a work does not of itself constitute publication.
| NOTE: Before 1978, federal copyright was
generally secured by the act of publication with notice of copyright, assuming compliance
with all other relevant statutory conditions. U. S. works in the public domain on January
1, 1978, (for example, works published without satisfying all conditions for securing
federal copyright under the Copyright Act of 1909) remain in the public domain under the
1976 Copyright Act. Certain foreign works originally published without notice had their
copyrights restored under the Uruguay Round Agreements Act (URAA). Request Circular 38b and see the "Notice of Copyright" section of this publication for
further information.
Federal copyright could also be secured before 1978 by the act of registration in the
case of certain unpublished works and works eligible for ad interim copyright. The 1976
Copyright Act automatically extends to full term (section 304 sets the
term) copyright for all works, including those subject to ad interim copyright if ad
interim registration has been made on or before June 30, 1978. |
A further discussion of the definition of "publication" can be found in the
legislative history of the 1976 Copyright Act. The legislative reports define "to the
public" as distribution to persons under no explicit or implicit restrictions with
respect to disclosure of the contents. The reports state that the definition makes it
clear that the sale of phonorecords constitutes publication of the underlying work, for
example, the musical, dramatic, or literary work embodied in a phonorecord. The reports
also state that it is clear that any form of dissemination in which the material object
does not change hands, for example, performances or displays on television, is not
a publication no matter how many people are exposed to the work. However, when copies or
phonorecords are offered for sale or lease to a group of wholesalers, broadcasters, or
motion picture theaters, publication does take place if the purpose is further
distribution, public performance, or public display.
Publication is an important concept in the copyright law for several reasons:
- Works that are published in the United States are subject to mandatory deposit with the
Library of Congress. See discussion on "Mandatory
Deposit for Works Published in the United States."
- Publication of a work can affect the limitations on the exclusive rights of the
copyright owner that are set forth in sections 107 through 121 of
the law.
- The year of publication may determine the duration of copyright protection for anonymous
and pseudonymous works (when the author's identity is not revealed in the records of the
Copyright Office) and for works made for hire.
- Deposit requirements for registration of published works differ from those for
registration of unpublished works. See discussion on "Registration
Procedures."
- When a work is published, it may bear a notice of copyright to identify the year of
publication and the name of the copyright owner and to inform the public that the work is
protected by copyright. Copies of works published before March 1, 1989, must bear the
notice or risk loss of copyright protection. See discussion on "Notice of Copyright" below.
The use of a copyright notice is no longer required under U. S. law, although it is
often beneficial. Because prior law did contain such a requirement, however, the use of
notice is still relevant to the copyright status of older works.
Notice was required under the 1976 Copyright Act. This requirement was eliminated when
the United States adhered to the Berne Convention, effective March 1, 1989. Although works
published without notice before that date could have entered the public domain in the
United States, the Uruguay Round Agreements Act (URAA) restores copyright in certain
foreign works originally published without notice. For further information about copyright
amendments in the URAA, request Circular
38b.
The Copyright Office does not take a position on whether copies of works first
published with notice before March 1, 1989, which are distributed on or after March 1,
1989, must bear the copyright notice.
Use of the notice may be important because it informs the public that the work is
protected by copyright, identifies the copyright owner, and shows the year of first
publication. Furthermore, in the event that a work is infringed, if a proper notice of
copyright appears on the published copy or copies to which a defendant in a copyright
infringement suit had access, then no weight shall be given to such a defendant's
interposition of a defense based on innocent infringement in mitigation of actual or
statutory damages, except as provided in section 504(c)(2) of the
copyright law. Innocent infringement occurs when the infringer did not realize that the
work was protected.
The use of the copyright notice is the responsibility of the copyright owner and does
not require advance permission from, or registration with, the Copyright Office.
The notice for visually perceptible copies should contain all the following three
elements:
1. The symbol © (the letter C in a circle), or the word
"Copyright," or the abbreviation "Copr."; and
2. The year of first publication of the work. In the case of
compilations or derivative works incorporating previously published material, the year
date of first publication of the compilation or derivative work is sufficient. The year
date may be omitted where a pictorial, graphic, or sculptural work, with accompanying
textual matter, if any, is reproduced in or on greeting cards, postcards, stationery,
jewelry, dolls, toys, or any useful article; and
3. The name of the owner of copyright in the work, or an abbreviation
by which the name can be recognized, or a generally known alternative designation of the
owner.
Example: © 2000 John Doe
The "C in a circle" notice is used only on "visually perceptible
copies." Certain kinds of works--for example, musical, dramatic, and literary
works--may be fixed not in "copies" but by means of sound in an audio recording.
Since audio recordings such as audio tapes and phonograph disks are
"phonorecords" and not "copies," the "C in a circle" notice
is not used to indicate protection of the underlying musical, dramatic, or literary work
that is recorded.
* Sound recordings are defined in the law as "works that result from the fixation
of a series of musical, spoken, or other sounds, but not including the sounds accompanying
a motion picture or other audiovisual work." Common examples include recordings of
music, drama, or lectures. A sound recording is not the same as a phonorecord. A
phonorecord is the physical object in which works of authorship are embodied. The word
"phonorecord" includes cassette tapes, CDs, LPs, 45 r. p. m. disks, as well as
other formats.
The notice for phonorecords embodying a sound recording should contain all the
following three elements:
1. The symbol 
(the letter P in a circle); and
2. The year of first publication of the sound recording; and
3. The name of the owner of copyright in the sound recording,
or an abbreviation by which the name can be recognized, or a generally known alternative
designation of the owner. If the producer of the sound recording is named on the
phonorecord label or container and if no other name appears in conjunction with the
notice, the producer's name shall be considered a part of the notice.
Example: 2000 A. B.
C. Records Inc.
| NOTE: Since questions may arise from the use of variant forms of the
notice, you may wish to seek legal advice before using any form of the notice other than
those given here. |
The copyright notice should be affixed to copies or phonorecords in such a way as to
"give reasonable notice of the claim of copyright." The three elements of the
notice should ordinarily appear together on the copies or phonorecords or on the
phonorecord label or container. The Copyright Office has issued regulations concerning the
form and position of the copyright notice in the Code of Federal Regulations (37 CFR Section 201.20). For
more information, request Circular
3, "Copyright Notice."
Works by the U. S. Government are not eligible for U. S. copyright protection. For
works published on and after March 1, 1989, the previous notice requirement for works
consisting primarily of one or more U. S. Government works has been eliminated. However,
use of a notice on such a work will defeat a claim of innocent infringement as previously
described provided the notice also includes a statement that identifies either those
portions of the work in which copyright is claimed or those portions that constitute U. S.
Government material.
Example: © 2000 Jane Brown. Copyright claimed in Chapters 7-10, exclusive of U. S.
Government maps
Copies of works published before March 1, 1989, that consist primarily of one or more
works of the U. S. Government should have a notice and the
identifying statement.
The author or copyright owner may wish to place a copyright notice on any unpublished
copies or phonorecords that leave his or her control.
Example: Unpublished work © 1999 Jane Doe
The 1976 Copyright Act attempted to ameliorate the strict consequences of failure to
include notice under prior law. It contained provisions that set out specific corrective
steps to cure omissions or certain errors in notice. Under these provisions, an applicant
had 5 years after publication to cure omission of notice or certain errors. Although these
provisions are technically still in the law, their impact has been limited by the
amendment making notice optional for all works published on and after March 1, 1989. For
further information, request Circular
3.
Works Originally Created on or after January 1, 1978
A work that is created (fixed in tangible form for the first time) on or after January
1, 1978, is automatically protected from the moment of its creation and is ordinarily
given a term enduring for the author's life plus an additional 70 years after the author's
death. In the case of "a joint work prepared by two or more authors who did not work
for hire," the term lasts for 70 years after the last surviving author's death. For
works made for hire, and for anonymous and pseudonymous works (unless the author's
identity is revealed in Copyright Office records), the duration of copyright will be 95
years from publication or 120 years from creation, whichever is shorter.
Works Originally Created before January 1, 1978, But Not Published or Registered by
That Date
These works have been automatically brought under the statute and are now given federal
copyright protection. The duration of copyright in these works will generally be computed
in the same way as for works created on or after January 1, 1978: the life-plus-70 or
95/120-year terms will apply to them as well. The law provides that in no case will the
term of copyright for works in this category expire before December 31, 2002, and for
works published on or before December 31, 2002, the term of copyright will not expire
before December 31, 2047.
Works Originally Created and Published or Registered before January 1, 1978
Under the law in effect before 1978, copyright was secured either on the date a work
was published with a copyright notice or on the date of registration if the work was
registered in unpublished form. In either case, the copyright endured for a first term of
28 years from the date it was secured. During the last (28th) year of the first term, the
copyright was eligible for renewal. The Copyright Act of 1976 extended the renewal term
from 28 to 47 years for copyrights that were subsisting on January 1, 1978, or for
pre-1978 copyrights restored under the Uruguay Round Agreements Act (URAA), making these
works eligible for a total term of protection of 75 years. Public
Law 105-298, enacted on October 27, 1998, further extended the renewal term of
copyrights still subsisting on that date by an additional 20 years, providing for a
renewal term of 67 years and a total term of protection of 95 years.
Public
Law 102-307, enacted on June 26, 1992, amended the 1976 Copyright Act to provide for
automatic renewal of the term of copyrights secured between January 1, 1964, and December
31, 1977. Although the renewal term is automatically provided, the Copyright Office does
not issue a renewal certificate for these works unless a renewal application and fee are
received and registered in the Copyright Office.
Public
Law 102-307 makes renewal registration optional. Thus, filing for renewal registration
is no longer required in order to extend the original 28-year copyright term to the full
95 years. However, some benefits accrue from making a renewal registration during the 28th
year of the original term.
For more detailed information on renewal of copyright and the copyright term, request Circular 15, "Renewal of
Copyright"; Circular 15a,
"Duration of Copyright"; and Circular 15t, "Extension of
Copyright Terms."
Any or all of the copyright owner's exclusive rights or any
subdivision of those rights may be transferred, but the transfer of exclusive rights is
not valid unless that transfer is in writing and signed by the owner of the rights
conveyed or such owner's duly authorized agent. Transfer of a right on a nonexclusive
basis does not require a written agreement.
A copyright may also be conveyed by operation of law and may be bequeathed by will or
pass as personal property by the applicable laws of intestate succession.
Copyright is a personal property right, and it is subject to the various state laws and
regulations that govern the ownership, inheritance, or transfer of personal property as
well as terms of contracts or conduct of business. For information about relevant state
laws, consult an attorney.
Transfers of copyright are normally made by contract. The Copyright Office does not
have any forms for such transfers. The law does provide for the recordation in the
Copyright Office of transfers of copyright ownership. Although recordation is not required
to make a valid transfer between the parties, it does provide certain legal advantages and
may be required to validate the transfer as against third parties. For information on
recordation of transfers and other documents related to copyright, request Circular 12, "Recordation of
Transfers and Other Documents."
Under the previous law, the copyright in a work reverted to the author, if living, or
if the author was not living, to other specified beneficiaries, provided a renewal claim
was registered in the 28th year of the original term.* The present law drops the renewal
feature except for works already in the first term of statutory protection when the
present law took effect. Instead, the present law permits termination of a grant of rights
after 35 years under certain conditions by serving written notice on the transferee within
specified time limits.
*The copyright in works eligible for renewal on or after June 26, 1992, will vest in
the name of the renewal claimant on the effective date of any renewal registration made
during the 28th year of the original term. Otherwise, the renewal copyright will vest in
the party entitled to claim renewal as of December 31st of the 28th year.
For works already under statutory copyright protection before 1978, the present law
provides a similar right of termination covering the newly added years that extended the
former maximum term of the copyright from 56 to 95 years. For further information, request
Circulars 15a and 15t.
There is no such thing as an "international copyright" that will
automatically protect an author's writings throughout the entire world. Protection against
unauthorized use in a particular country depends, basically, on the national laws of that
country. However, most countries do offer protection to foreign works under certain
conditions, and these conditions have been greatly simplified by international copyright
treaties and conventions. For further information and a list of countries that maintain
copyright relations with the United States, request Circular 38a,
"International Copyright Relations of the United States."
In general, copyright registration is a legal formality intended to make a public
record of the basic facts of a particular copyright. However, registration is not a
condition of copyright protection. Even though registration is not a requirement for
protection, the copyright law provides several inducements or advantages to encourage
copyright owners to make registration. Among these advantages are the following:
- Registration establishes a public record of the copyright claim.
- Before an infringement suit may be filed in court, registration is necessary for works
of U. S. origin.
- 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.
- 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.
- 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. For
additional information, request Publication No. 563 "How to Protect Your Intellectual
Property Right," from: U.S. Customs Service, P.O. Box 7404, Washington, D.C. 20044.
See the U.S. Customs Service Website at www.customs.gov
for online publications.
Registration may be made at any time within the life of the copyright. Unlike the law
before 1978, when a work has been registered in unpublished form, it is not necessary to
make another registration when the work becomes published, although the copyright owner
may register the published edition, if desired.
To register a work, send the following three elements in the same envelope
or package to:
Library of Congress
Copyright Office
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000
- A properly completed application form.
- A nonrefundable filing fee of $30 (effective through June 30, 2002) for each
application.
| NOTE: Copyright Office fees are
subject to change. For current fees, please check the Copyright Office Website at www.loc.gov/copyright, write the Copyright
Office, or call (202) 707-3000. |
A nonreturnable deposit of the work being registered. The deposit requirements vary in
particular situations. The general requirements follow. Also note the information under
"Special Deposit Requirements."
- If the work was first published in the United States on or after January 1, 1978, two
complete copies or phonorecords of the best edition.
- If the work was first published in the United States before January 1, 1978, two
complete copies or phonorecords of the work as first published.
- If the work was first published outside the United States, one complete copy or
phonorecord of the work as first published.
- If sending multiple works, all applications, deposits, and fees should be sent in the
same package. If possible, applications should be attached to the appropriate deposit.
Whenever possible, number each package (e. g., 1 of 3, 2 of 4) to facilitate processing.
What Happens if the Three Elements Are Not Received Together
Applications and fees received without appropriate copies, phonorecords, or identifying
material will not be processed and ordinarily will be returned. Unpublished deposits
without applications or fees ordinarily will be returned, also. In most cases, published
deposits received without applications and fees can be immediately transferred to the
collections of the Library of Congress. This practice is in accordance with section 408 of the law,
which provides that the published deposit required for the collections of the Library of
Congress may be used for registration only if the deposit is "accompanied by the
prescribed application and fee...."
After the deposit is received and transferred to another service unit of the Library
for its collections or other disposition, it is no longer available to the Copyright
Office. If you wish to register the work, you must deposit additional copies or
phonorecords with your application and fee.
Renewal Registration
To register a renewal, send:
- A properly completed application Form RE and, if necessary, Form RE Addendum, and
- A nonrefundable filing fee of $45 without Addendum; $60 with Addendum for each
application. (See Note above.) Each Addendum form must
be accompanied by a deposit representing the work being reviewed. See Circular 15, "Renewal of
Copyright."
| NOTE: Complete the application form using black ink pen or
type. You may photocopy blank application forms. However,
photocopied forms submitted to the Copyright Office must be clear, legible, on a good
grade of 8-1/2-inch by 11-inch white paper suitable for automatic feeding through a
photocopier. The forms should be printed, preferably in black ink, head-to-head so that
when you turn the sheet over, the top of page 2 is directly behind the top of page 1. Forms
not meeting these requirements may be returned resulting in delayed registration. |
Special deposit requirements exist for many types of works. The following are prominent
examples of exceptions to the general deposit requirements:
- If the work is a motion picture, the deposit requirement is one complete copy of the
unpublished or published motion picture and a separate written
description of its contents, such as a continuity, press book, or synopsis.
- If the work is a literary, dramatic, or musical work published only in a
phonorecord, the deposit requirement is one complete phonorecord.
- If the work is an unpublished or published computer program, the deposit requirement is
one visually perceptible copy in source code of the first 25 and last 25 pages
of the program. For a program of fewer than 50 pages, the deposit is a copy of the entire
program. For more information on computer program registration, including deposits for
revised programs and provisions for trade secrets, request Circular 61, "Copyright
Registration for Computer Programs."
- If the work is in a CD-ROM format, the deposit requirement is one complete copy of the
material, that is, the CD-ROM, the operating software, and any manual(s) accompanying it.
If registration is sought for the computer program on the CD-ROM, the deposit should also
include a printout of the first 25 and last 25 pages of source code for the program.
In the case of works reproduced in three-dimensional copies, identifying material such
as photographs or drawings is ordinarily required. Other examples of special deposit
requirements (but by no means an exhaustive list) include many works of the visual arts
such as greeting cards, toys, fabrics, oversized materials (request Circular 40a, "Deposit
Requirements for Registration of Claims to Copyright in Visual Arts Material"); video
games and other machine-readable audiovisual works (request Circular 61); automated databases
(request Circular 65,
"Copyright Registration for Automated Databases"); and contributions to
collective works. For information about deposit requirements for group registration of
serials, request Circular 62,
"Copyright Registration for Serials."
If you are unsure of the deposit requirement for your work, write or call the Copyright
Office and describe the work you wish to register.
Under the following conditions, a work may be registered in unpublished form as a
"collection," with one application form and one fee:
- The elements of the collection are assembled in an orderly form;
- The combined elements bear a single title identifying the collection as a whole;
- The copyright claimant in all the elements and in the collection as a whole is the same;
and
- All the elements are by the same author, or, if they are by different authors, at least
one of the authors has contributed copyrightable authorship to each element.
An unpublished collection is not indexed under the individual titles of the contents
but under the title of the collection.
| NOTE: A Library of Congress Catalog Card Number is
different from a copyright registration number. The Cataloging in Publication (CIP)
Division of the Library of Congress is responsible for assigning LC Catalog Card Numbers
and is operationally separate from the Copyright Office. A book may be registered in or
deposited with the Copyright Office but not necessarily cataloged and added to the
Library's collections. For information about obtaining an LC Catalog Card Number, see the
following homepage: lcweb2.loc.gov/pcn. For
information on International Standard Book Numbering (ISBN), write to: ISBN, R. R. Bowker,
121 Chanlon Road, New Providence, NJ 07974. Call (877) 310-7333 . For further information
and to apply online, see www.bowker.com/standards/.
For information on International Standard Serial Numbering (ISSN), write to: Library of
Congress, National Serials Data Program, Serial Record Division, Washington, D. C.
20540-4160. Call (202) 707-6452. Or obtain information from www.loc.gov/issn/. |
A copyright registration is effective on the date the Copyright Office receives
all the required elements in acceptable form, regardless of how long it then
takes to process the application and mail the certificate of registration. The time the
Copyright Office requires to process an application varies, depending on the amount of
material the Office is receiving.
If you apply for copyright registration, you will not receive an acknowledgment that
your application has been received (the Office receives more than 600,000 applications
annually), but you can expect:
- A letter or a telephone call from a Copyright Office staff member if further information
is needed or
- A certificate of registration indicating that the work has been registered, or if the
application cannot be accepted, a letter explaining why it has been rejected.
Requests to have certificates available for pickup in the Public Information Office or
to have certificates sent by Federal Express or another mail service cannot be honored.
If you want to know the date that the Copyright Office receives your material, send it
by registered or certified mail and request a return receipt.
To correct an error in a copyright registration or to amplify the information given in
a registration, file a supplementary registration form--Form CA-- with the Copyright
Office. The filing fee is $65. (See Note above.) The
information in a supplementary registration augments but does not supersede that contained
in the earlier registration. Note also that a supplementary registration is not a
substitute for an original registration, for a renewal registration, or for recording a
transfer of ownership. For further information about supplementary registration, request Circular 8, "Supplementary
Copyright Registration."
Although a copyright registration is not required, the Copyright Act establishes a
mandatory deposit requirement for works published in the United States. See the definition of "publication." In general, the
owner of copyright or the owner of the exclusive right of publication in the work has a
legal obligation to deposit in the Copyright Office, within 3 months of publication in the
United States, two copies (or in the case of sound recordings, two phonorecords) for the
use of the Library of Congress. Failure to make the deposit can result in fines and other
penalties but does not affect copyright protection.
Certain categories of works are exempt entirely from the mandatory deposit
requirements, and the obligation is reduced for certain other categories. For further
information about mandatory deposit, request Circular 7d, "Mandatory
Deposit of Copies or Phonorecords for the Library of Congress."
For works published in the United States, the copyright law contains a provision under
which a single deposit can be made to satisfy both the deposit requirements for the
Library and the registration requirements. In order to have this dual effect, the copies
or phonorecords must be accompanied by the prescribed application form and filing fee.
WHO MAY FILE AN APPLICATION FORM?
The following persons are legally entitled to submit an application form:
- The author. This is either the person who actually created the work or,
if the work was made for hire, the employer or other person for whom the work was
prepared.
- The copyright claimant. The copyright claimant is defined in Copyright
Office regulations as either the author of the work or a person or organization that has
obtained ownership of all the rights under the copyright initially belonging to the
author. This category includes a person or organization who has obtained by contract the
right to claim legal title to the copyright in an application for copyright registration.
- The owner of exclusive right(s). Under the law, any of the exclusive
rights that make up a copyright and any subdivision of them can be transferred and owned
separately, even though the transfer may be limited in time or place of effect. The term
"copyright owner" with respect to any one of the exclusive rights contained in a
copyright refers to the owner of that particular right. Any owner of an exclusive right
may apply for registration of a claim in the work.
- The duly authorized agent of such author, other copyright claimant, or
owner of exclusive right(s). Any person authorized to act on behalf of the author, other
copyright claimant, or owner of exclusive rights may apply for registration.
There is no requirement that applications be prepared or filed by an attorney.
For Original Registration
| Form PA: |
for published and unpublished works of the performing arts
(musical and dramatic works, pantomimes and choreographic works, motion pictures and other
audiovisual works) |
| Form
SE: |
for serials, works issued or intended to be issued in successive parts
bearing numerical or chronological designations and intended to be continued indefinitely
(periodicals, newspapers, magazines, newsletters, annuals, journals, etc.) |
| Form SR: |
for published and unpublished sound recordings |
| Form TX: |
for published and unpublished nondramatic literary works |
| Form
VA: |
for published and unpublished works of the visual arts (pictorial,
graphic, and sculptural works, including architectural works) |
| Form
G/DN: |
a specialized form to register a complete month's issues of a daily
newspaper when certain conditions are met |
| Short
Form/SE and Form SE/GROUP: |
specialized SE forms for use when certain requirements are
met |
| Short
Forms TX, PA, and VA: |
short versions of applications for original registration. For
further information about using the short forms, request publication SL-7. |
| Form
GATT and Form GATT/GRP: |
specialized forms to register a claim in a work or group of
related works in which U. S. copyright was restored under the 1994 Uruguay Round
Agreements Act (URAA). For further information, request Circular 38b. |
For Renewal Registration
| Form RE: |
for claims to renew copyright in works copyrighted under the law in effect through
December 31, 1977 (1909 Copyright Act) and registered during the initial 28-year copyright
term |
| Form RE
Addendum: |
accompanies Form RE for claims to renew copyright in works copyrighted
under the 1909 Copyright Act but never registered during their initial 28-year copyright
term |
For Corrections and Amplifications
| Form CA: |
for supplementary registration to correct or amplify information given in the
Copyright Office record of an earlier registration |
For a Group of Contributions to Periodicals
| Form GR/CP: |
an adjunct application to be used for registration of a group of
contributions to periodicals in addition to an application Form TX, PA, or VA |
How to Obtain Application Forms
See "For Further Information."
You must have Adobe
Acrobat Reader ® installed on your computer to view and print the forms accessed on
the Internet. Adobe Acrobat Reader may be downloaded free from Adobe Systems Incorporated
through links from the same Internet site from which the forms are available.
Print forms head to head (top of page 2 is directly behind the top of page 1) on a
single piece of good quality, 8-1/2-inch by 11-inch white paper. To achieve the best
quality copies of the application forms, use a laser printer.
FILL-IN FORMS AVAILABLE
All Copyright Office forms are available on the Copyright Office Website in fill-in
version. Go to www.loc.gov/copyright/forms/
and follow the instructions. The fill-in forms allow you to enter information while the
form is displayed on the screen by an Adobe Acrobat Reader product. You may then print the
completed form and mail it to the Copyright Office. Fill-in forms provide a clean, sharp
printout for your records and for filing with the Copyright Office.
All remittances should be in the form of drafts, that is, checks, money orders, or bank
drafts, payable to: Register of Copyrights. Do not send cash. Drafts must
be redeemable without service or exchange fee through a U. S. institution, must be payable
in U. S. dollars, and must be imprinted with American Banking Association routing numbers.
International Money Orders and Postal Money Orders that are negotiable only at a post
office are not acceptable.
If a check received in payment of the filing fee is returned to the Copyright Office as
uncollectible, the Copyright Office will cancel the registration and will notify the
remitter.
The filing fee for processing an original, supplementary, or renewal claim is
nonrefundable, whether or not copyright registration is ultimately made.
Do not send cash. The Copyright Office cannot assume any
responsibility for the loss of currency sent in payment of copyright fees. For further
information, request Circular 4,
"Copyright Fees."
| NOTE: Copyright Office fees are
subject to change. For current fees, please check the Copyright Office Website at www.loc.gov/copyright, write the Copyright
Office, or call (202) 707-3000. |
The records of the Copyright Office are open for inspection and searching by the
public. Moreover, on request, the Copyright Office will search its records for you at the
statutory hourly rate of $65 for each hour or fraction of an hour. (See NOTE above.) For information on searching the Office
records concerning the copyright status or ownership of a work, request Circular 22, "How to
Investigate the Copyright Status of a Work," and Circular 23, "The Copyright
Card Catalog and the Online Files of the Copyright Office."
Copyright Office records in machine-readable form cataloged from January 1, 1978, to
the present, including registration and renewal information and recorded documents, are
now available for searching on the Internet. These files may be examined through LOCIS
(Library of Congress Information System). You may connect to LOCIS through the World Wide
Web at www.loc.gov/copyright/rb.html
Information via the Internet: Circulars, announcements, regulations,
other related materials, and all copyright application forms are available from the
Copyright Office Website at www.loc.gov/copyright.
Information by fax: Circulars and other information (but not
application forms) are available from Fax-on-Demand at (202) 707-2600.
Information by telephone: For general information about copyright,
call the Copyright Public Information Office at (202) 707-3000. The TTY number is (202)
707-6737. Information specialists are on duty from 8:30 a. m. to 5:00 p. m. Monday through
Friday, eastern time, except federal holidays. Recorded information is available 24 hours
a day. Or, if you know which application forms and circulars you want, request them from
the Forms and Publications Hotline at (202) 707-9100 24 hours a day. Leave a recorded
message.
Information by regular mail: Write to:
Library of Congress
Copyright Office
Publications Section, LM-455
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000
For a list of other material published by the Copyright Office, request Circular 2, "Publications on
Copyright."
| The Copyright Office provides a free electronic mailing list, NewsNet,
that issues periodic email messages on the subject of copyright. The messages alert
subscribers to hearings, deadlines for comments, new and proposed regulations, new
publications, and other copyright-related subjects of interest. NewsNet is not an
interactive discussion group. To subscribe, send a message to LISTSERV@LOC.GOV. In the body of the message say:
SUBSCRIBE USCOPYRIGHT. You will receive a standard welcoming message indicating that your
subscription to NewsNet has been accepted. |
The Copyright Public Information Office is open to the public 8:30 a.m. to 5:00 p.m.
Monday through Friday, eastern time, except federal holidays. The office is located in the
Library of Congress, James Madison Memorial Building, Room 401, at 101 Independence
Avenue, S.E., Washington, D.C., near the Capitol South Metro stop. Information specialists
are available to answer questions, provide circulars, and accept applications for
registration. Access for disabled individuals is at the front door on Independence Avenue,
S.E.
The Copyright Office is not permitted to give legal advice. If information or guidance
is needed on matters such as disputes over the ownership of a copyright, suits against
possible infringers, the procedure for getting a work published, or the method of
obtaining royalty payments, it may be necessary to consult an attorney
Library of Congress
Copyright Office
101 Independence Avenue, S. E.
Washington, D.C. 20559-6000
www.loc.gov/copyright
Rev: December 2000
This electronic version has been altered slightly from the original printed text for
presentation on the World Wide Web. For a copy of the original circular, consult the
pdf version or write to
Copyright Office, 101 Independence Avenue S.E., Washington, D.C. 20559-6000.
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