Copyright is a form of protection provided by the laws of the United States to the authors of original works, including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. 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 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. For further information, see Circular 40, Copyright Registration for Works of theVisual 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.

Who can copyright?

Copyright protection starts 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.

• If a person is hired to do work, the employer is considered the author and therefore the owner of the copyright.
• Authors of a joint work are considered co-owners of the copyright, unless an agreement is otherwise stated.
• Ownership of a book, manuscript, painting, or any other copy or phonorecord does not give the possessor the copyright. The law states that transfer of ownership of any material object that is protected work does not of itself convey any rights in the copyright.
• Minors can claim copyrights, but state laws may regulate the business dealings of copyrights involving minors. Consult attorney for information pertaining to state laws.

What works are protected?

Copyrightable works include the following:

• literary works
• musical works, including any accompanying words
• dramatic works, including any accompanying music
• pantomimes and choreographic works
• pictorial, graphic, and sculptural works
• motion pictures and other audiovisual works
• sound recordings
• architectural works

The categories have a very broad scope. For example computer programs can be copyrighted as literary works, maps and graphs can be copyrighted as pictorial, graphic and sculptural works.

What Is Not Protected by Copyright?

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)

How to Secure a copyright

Copyright secured automatically upon creation. No publication or action in the copyright office is required to secure copyright. However there are certain advantages to registration, these advantages will be discussed later. Copyright is secured automatically when a work is created. Work is considered created when it is fixed in a copy or phonorecord for the first time. Copies are material objects which the work can be read or visually perceived directly or with the aid of a machine or device. Such as books, manuscripts, sheet music, film, videotapes, or microfilm. Phonorecords are material objects that include cassette tapes, CD’s, vinyl disks and other recordable formats. If work is completed over time the work that is fixed on a particular date constitutes the created work as of that date.

How long Copyright protection lasts

Work created and fixed in tangible form on or after January 1,1978 is automatically protected from time of creation and is ordinarily given a term enduring for the author’s life plus an additional 70 years. Joint work prepared by two or more authors who did not work for hire the term last for 70 years past the death of the last surviving author.

Registration procedures and Advantages

Copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. Registration is not a condition of protections. Even though registration is not required there are certain advantages of registering. 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 five 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 three 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, go to the U. S. Customs and Border Protection website at www.cbp.gov/xp/cgov/import. Click on “Intellectual Property Rights.”

How to register

Option 1: Online Registration

Online registration through the electronic Copyright Office (eCO) is the preferred way to register basic claims for literary works; visual arts works; performing arts works, including motion pictures; sound recordings; and single serials. Advantages of online filing include

• a lower filing fee
• 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

note: You can still register using eCO and save money even if you will submit a hard-copy deposit, which is required under the mandatory deposit requirements for published works. The system will prompt you to specify whether you intend to submit an electronic or a hard-copy deposit, and it will provide instructions accordingly.

Basic claims include (1) a single work; (2) multiple unpublished works if they are all by the same author(s) and owned by the same claimant; and (3) multiple published works if they are all first published together in the same publication on the same date and owned by the same claimant. To access eCO, go to the Copyright Office website at www. copyright.gov and click on electronic Copyright Office.

Option 2: Registration with Fill-In Form CO

The next best option for registering basic claims is the new fill-in Form CO. Using 2-d barcode scanning technology, the Office can process these forms much faster and more efficiently than paper forms completed manually. Simply complete Form CO on your personal computer, print it out, and mail it along with a check or money order and your deposit.

To access Form CO, go the Copyright Office website and click on Forms. Do not save your filled-out Form CO and reuse it for another registration. The 2-d barcode it contains is unique for each work that you register.

Option 3: Registration with Paper Forms

Paper versions of Form TX (literary works); Form VA (visual arts works); Form PA (performing arts works, including motion pictures); Form SR (sound recordings); and Form SE (single serials) are still available. They are not available on the Copyright Office website; however, staff will send them to you by postal mail upon request. Remember that online registration through eCO and fill-in Form CO (see above) can be used for the categories of works applicable to Forms TX, VA, PA, SR, and SE.

To access these forms, go to the Copyright Office website and click on Forms or call the Copyright Office. Informational circulars about these types of applications and current registration fees are available on the Copyright Office website or by phone.

Certain forms must be completed on paper. See the Copyright Office website for these submissions.

Mailing Addresses for Applications Filed on Paper and for Hard-Copy Deposits

To expedite the processing of your claim, use the address above with the zip code extension for your type of work:

• 6222 for literary work
• 6211 for visual arts work
• 6233 for performing arts work
• 6238 for motion picture or other audiovisual work
• 6237 for sound recording
• 6226 for single serial issue

Filing a Renewal Registration

To register a renewal, send:

1 A properly completed application Form RE and, if necessary, Form RE Addendum, and

2 A nonrefundable filing fee* for each application and each Addendum. Each Addendum form must be accompanied by a deposit representing the work being renewed. See Circular 15, Renewal of Copyright.

*note: For current information on fees, please check the Copyright Office website at www.copyright.gov, write the Copyright Office, or call (202) 707-3000.

Deposit Requirements

If you file an application for copyright registration online using eCO, you may in some cases attach an electronic copy of your deposit. If you do not have an electronic copy or if you must send a hard copy or copies of your deposit to comply with the “best edition” requirements for published works, you must print out a shipping slip, attach it to your deposit, and mail the deposit to the Copyright Office. If you use Form CO, you must mail the form, fee, and deposit in the same package. Send the deposit, fee, and paper registration form packaged together to:

To expedite the processing of your claim, use the address above with the zip code extensions found above. The hard-copy deposit of the work being registered will not be returned to you. The number of copies of deposit may vary check Copyright office website for updated information.

Fees

Copyright Office fees are subject to change. For current fees, please check the Copyright Office website at www.copyright. gov, write the Copyright Office, or call (202) 707-3000.