Copyrights FAQ

Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works such as poetry, novels, movies, songs, computer software and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.

You may get forms from the U.S. Copyright Office in person, by mailing in a request, or by calling their 24-hours-per-day forms hotline: (202) 707-9100.

The time the Copyright Office requires to process an application varies, depending on the amount of material the Office is receiving. You may generally expect a certificate of registration within approximately 8 months of submission

The Copyright Office will not honor a request for a copy of someone else’s work without written authorization from the owner or from his or her designated agent if that work is still under copyright protection, unless the work is involved in litigation. Written permission from the copyright owner or a litigation statement is required before copies can be made available. A certificate of registration for any registered work can be obtained for a fee of $25.

Copies of all works under copyright protection that have been published in the United States are required to be deposited with the Copyright Office within three months of the date of first publication.

No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.

Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney’s fees in successful litigation. Finally, if registration occurs within five years of publication, it is considered prima facie evidence in a court of law.

To register a work, you need to submit a completed application form, a non-refundable filing fee of $30, and a non-returnable copy or copies of the work to be registered.

The time the Copyright Office requires to process an application varies, depending on the amount of material the Office is receiving. You may generally expect a certificate of registration within approximately 8 months of submission.

Yes, you must send the required copy or copies of the work to be registered. These copies will not be returned. Upon their deposit in the Copyright Office, under sections 407 and 408 of the Copyright law, all copies, phonorecords, and identifying material, including those deposited in connection with claims that have been refused registration, are the property of the United States Government.

Copyright does not protect ideas, concepts, systems, or methods of doing something. You may express your ideas in writing or drawings and claim copyright in your description, but be aware that copyright will not protect the idea itself as revealed in your written or artistic work. See Patents FAQ

The Sonny Bono Copyright Term Extension Act, signed into law on October 27, 1998, amends the provisions concerning duration of copyright protection. Effective immediately, the terms of copyright are generally extended for an additional 20 years. Specific provisions are as follows:

* For works created after January 1, 1978, copyright protection will endure for the life of the author plus an additional 70 years. In the case of a joint work, the term lasts for 70 years after the last surviving author’s death. For anonymous and pseudonymous works and works made for hire, the term will be 95 years from the year of first publication or 120 years from the year of creation, whichever expires first;

* For works created but not published or registered before January 1, 1978, the term endures for life of the author plus 70 years, but in no case will expire earlier than December 31, 2002. If the work is published before December 31, 2002, the term will not expire before December 31, 2047;

* For pre-1978 works still in their original or renewal term of copyright, the total term is extended to 95 years from the date that copyright was originally secured.

A party may seek to protect his or her copyrights against unauthorized use by filing a civil lawsuit in Federal district court. If you believe that your copyright has been infringed, consult an attorney. In cases of willful infringement for profit, the U.S. Attorney may initiate a criminal investigation.