Since an author owns the copyright in his
or her work the moment the work is fixed in a tangible form, why bother
to formally register the copyright with the U.S. Copyright Office? Following are some of the advantages to registration:
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Registration establishes a public record of
the copyright claim.
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Before an infringement suit can be filed in
court, works must first be registered with the U.S. Copyright Office.
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If you register your work before or within
5 years of its publication, registration establishes prima facie evidence
in court of the validity of the copyright.
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If you register your work within 90 days after
publication and prior to an infringement of the work, statutory
damages and attorney's fees will be available to you in court actions.
Otherwise, only an award of actual damages and profits is available.
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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.
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Registration is both inexpensive and simple:
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
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1. A properly completed application
form.
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2. A nonrefundable filing fee of $45
for each application.
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3. A nonreturnable copy of the work
being registered--one copy if the work is unpublished; two copies if published.
Your copyright registration is considered
effective the day the Copyright Office receives all the materials required
for registration.
You will not receive an acknowledgment
that your application has been received but you can expect:
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A letter or a telephone call from a Copyright
Office staff member if further information is needed or
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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.
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.
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