Filing an Application for a Copyright Registration

David Malick
close up of text on table

It is not necessary to file for a copyright registration to obtain a copyright. For works created after January 7, 1978, a person has a copyright on a work once it is created in a fixed form. You do not have to mail the work to yourself to obtain a copyright. (See my discussion of “What is a Copyright” to identify the elements necessary for a work to be copyrightable).

However, there are several reasons to file for a registration of a copyright. A copyright registration:

  1. is a necessary prerequisite to filing a civil, copyright infringement action in federal court;
  2. is a necessary prerequisite to recovering statutory damages and attorneys’ fees in an infringement action;
  3. is prima facie evidence of the facts stated in the certificate of registration such as the identity of the owner of the copyright if filed within the first five years of the publication of the copyrightable work;
  4. establishes a public record of the copyright; and
  5. allows the owner of the copyright to register the copyright with the U.S. Customs Service which is an effective tool to suppress copyright infringement.

Filing for a copyright registration is not too difficult or expensive, so it may want to be pursued as soon as possible. To file for a copyright registration, you will have to do three things:

  1. complete a copyright application;
  2. pay an appropriate filing fee; and
  3. deposit nonreturnable copies of the work with the Copyright Office.

These three items should be included in the same package if you are filing a hard copy of the work and sent to the following address:

Library of Congress Copyright Office

101 Independence Avenue SE

Washington, D.C. 20559-6000

However, an application for a copyright of the following items may be made online at the following URL: https://www.copyright.gov/registration/:

  • literary works;
  • visual arts works;
  • performing arts works including motion pictures, sound recordings, and single serials.

Filing online allows for:

  • a lower filing fee;
  • a faster processing time;
  • an earlier effective date of registration;
  • the availability of online status tracking;
  • the availability of secure payment by credit or debit card;
  • the ability to upload certain works directly into the electronic files.

The basic application fees for a copyright registration in an original work of authorship are:

  • $45.00 for an electronically filed registration for a single author;
  • $65.00 for standard electronically filed registrations; and
  • $125 for basic paper filings.

There are other fees for other kinds of filings. For a full list of registration fees see https://www.copyright.gov/about/fees.html. The Copyright Office may adjust fees every three years.

The application forms for an online copyright application are available at https://www.copyright.gov/registration/. You will be asked to obtain the correct form by clicking on the appropriate category for a copyright registration:

  • Literary works (fiction, non-fiction, poetry, articles, periodicals);
  • Performing arts (music, lyrics, sound recordings, scripts, stage plays);
  • Visual arts (artwork, illustrations, jewelry, fabric, architecture);
  • Other digital content (computer programs, databases, blogs, websites);
  • Motion pictures (movies, TV shows, video games, animation, videos); and
  • Photographs (new photos, selfies, wedding photos, family photos).

(For a discussion of these categories, see my discussion on “What is a Copyright?”).

Every copyright application will ask you to provide some of the following information:

  • The name and address of the copyright claimant;
  • The name and nationality or domicile of the author or authors, and if one or more authors is dead, the dates of their death;
  • The nationality or domicile of an anonymous or pseudonymous work;
  • A statement of whether a work was made for hire;
  • A statement of how the claimant obtained ownership of the copyright if s/he is not the author;
  • The title of the work, along with any previous or alternative titles under which the work can be identified;
  • The year the work was completed;
  • The date and nation of the first publication of the work, if it has been published;
  • An identification of any preexisting work or works that a compilation or derivative work is based on or incorporates, and a brief, statement of the additional material covered by the copyright claim being registered;
  • Any other information regarded by the Register of Copyrights as necessary to identify the preparation or identification of the work or the existence, ownership, or duration of the copyright.

The required deposit of the work varies for works that have been published, published outside the United States, or for collective works:

  • Published work: two copies of the best edition;
  • Unpublished work: one copy;
  • First published outside the US: one copy; and
  • Collective work: one copy of the best edition

If you have questions about filing a copyright registration, please do not hesitate to contact me at RichardsonClement PC: