Copyright Registration in the United States

Copyright protection in the U.S. is provided even without registration, but passing this procedure greatly simplifies the compensation for unauthorized use of the work. The right of authorship arises directly from the moment of creation of the object of creative work and extends even to unpublished works.

What rights must be registered

The Copyright Act has been in effect in the United States since 1976, which provides protection for any original work recorded on a tangible medium. The author's rights arise from the creation of the work, and the registration procedure is accompanied by the issuance of a certificate. It is permissible to establish copyright and related rights protection for the following items:

• works of literature, music, and drama;
• choreographic productions;
• audio and video recordings;
• architectural works and projects;
• computer programs;
• other objects specified in the Copyright Act.

For each newly created work, the author acquires exclusive rights, unless otherwise stated in the Law. However, registering and obtaining a certificate gives the author the opportunity to sue for damages for infringement.

If the author decides to register rights to a new work, he or she must apply to the Copyright Office at the Library of Congress. It is possible to apply not only in writing but also through a specialized online resource. This greatly simplifies the procedure and shortens the registration period.

Since 1989, it is not necessary to make a notification mark on the work about the presence of copyrights. However, in practice this rule is still in force today - the author places on the material medium with the work the letter c (copyright), the year of first publication, and personal data of a citizen or company name. Such a notification mark serves the purpose of preventing possible copyright infringement.

How to register your rights

Registration is for published or unpublished works. In order to pass the registration procedure, the author needs to do the following:

• complete an application in writing or electronically;
• submit copies of the work and documents for registration to the Copyright Office at the Library of Congress;
• pay the registration fee (the amount of the state fee will depend on the standard or urgent registration option);
• obtain a copyright certificate from the Library of Congress.

Once registered, a copy of the work will be preserved in the library's collection. The deposit of a tangible medium can also take place without registration - the mere fact of placing a copy in the archives of the U.S. Library of Congress will be evidence in disputes over rights to the work.

When using Internet resources, the application can be submitted 24 hours a day. In writing, documents are accepted according to the opening hours of the Copyright Office. From the moment of registration, the following consequences occur:

• the author receives a personal certificate with a unique registration number;
• In the presence of the registration record the author will be able to appeal to the courts to protect the violated rights;
• Authorship information is made publicly available;
• The U.S. customs authorities are notified of the registration, thus avoiding unauthorized exports of original copies of the work.

The cost of the registration procedure depends on the urgency of the application. For a standard application, the fee will be $20 and the review period will be 2-3 months. For a rush application, the registration fee will increase to $65 and the review period will be up to 1 month.

The U.S. is currently a party to all international copyright treaties and agreements. This allows the implementation of protection measures at the international level.

Our Services in Russia and abroad

Although the procedure for filing an application for copyright registration in the United States is described in sufficient detail in the instructions on the Library of Congress website, additional difficulties and nuances may arise when completing it. To avoid any risks of refusal of registration and to significantly reduce the time frame of the said procedure, the specialists of the patent office Prof-PatentProf-Patent will provide the following services:

• consulting assistance in preparation for registration and at all stages of the procedure;
• completion of the application form in written or electronic form, taking into account the regulations of the Copyright Office;
• sending the documents for registration and receipt of the certificate form;
• assistance in the settlement of possible disputes arising in relation to copyright.

The patent attorneys at Prof-PatentProf-Patent will act as your representative and help you quickly obtain a copyright in the United States.