What are the Benefits of Registering My Copyright?
Even though your copyright exists as soon as the work is created, we usually recommend registering your copyright with the U.S. Copyright office. You cannot file suit for copyright infringement until your copyright has been registered. Although it is possible to register your copyright after the infringement has occurred, you will not be able to obtain statutory damages or attorneys fees if you file after the date of infringement except when the post-infringement registration occurs within 3 months of the date of publication. Typically, copyright infringement suits are not economically feasible without the ability to be awarded statutory damages and attorney fees. This makes registration particularly important.
Additionally, if you register your copyright within 5 years of publishing your work, the registration serves as prima facie evidence of your right to the work. This means that if your right to the work is disputed, the other party claiming ownership will have to overcome a significant burden of proof in order to defeat your copyright registration.
How to Register a Copyright
How Long Does the Copyright Process Take?
The time required for the U.S. Copyright Office to approve your copyright varies based on how busy the office is at the time. However, for online application, the process tends to take approximately 8 months. For paper filings, the process can take up to 14 months.
Your copyright registration will be effective as of the date that your application was submitted properly, not as of the date that your copyright is approved. Because the process can take several months, it is important to work with an attorney to submit your application in order to ensure that your application is not denied due to a procedural defect and that the application process will not have to be restarted from the beginning.
How to Copyright Multiple Works as a Collection
You can submit unpublished works as a collection under a single copyright application if the following requirements are met:
For example, for photographs to be registered as a collection, you must meet the following additional requirements:
For contributions to periodicals, you must meet the following additional requirements for registration as a collection:
Other types of collections require you to meet different requirements and to follow different procedures, which are beyond the scope of this article.
You should be aware that submission of works as a collection does not offer "blanket" protection to other works in the same series that have not been physically submitted as part of the copyright application.
Does "the Poor Man's Copyright" work?
Some people mistakenly believe that sending a copy of your work to yourself will offer the same benefits as copyright registration. This is known as a "poor man's copyright," and is NOT effective.
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