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Copyright Resources to Support Publishing and Teaching

A guide for faculty, staff, and students at Penn about how to obtain, manage, and understand copyright issues for their work

register copyright

Should I Register My Copyright?

As noted in the Copy(right)s: The Basics section, registering for copyright is not necessary in order to have copyright protection over your works - copyright is immediate for original works in a fixed, tangible form. There are, however, some benefits to formally registering your copyright, and these should be taken into consideration when deciding whether or not to register your work with the U.S. Copyright Office. 

Benefits of Formally Registering Your Copyright

Formally registering your copyright with the U.S. Copyright Office is a both a defensive and offensive measure.  It is defensive because it puts the world on notice that you are claiming rights in and to your work.  It also makes it easier for someone seeking to use your work to find you in order to ask permission.  It is also offensive.  Registering your work is now a prerequisite to filing a copyright infringement lawsuit, and you may get some benefits under the law (the ability to seek statutory damages and attorneys' fees) if you register promptly.  It is also helpful to register your work if you need to file DMCA take-down notices, or otherwise enforce your rights on the web.  Below are the general benefits to formally registering your copyright:

  1. Establish a formal public record of your work
  2. Ability to file a copyright infringement lawsuit
  3. Establish prima facie evidence in court of the copyright's validity and facts in registration certificate (must register within 5 years of first publication)
  4. Ability to seek statutory damages and attorneys' fees in court actions (must register within 3 months or prior to infringement)
  5. Ability to record copyright with the U.S. Customs Service to protect against the importation of infringing copies 

For more information on the benefits of registering for copyright, see the "Copyright Registration" section (p.5) of Circular 1, Copyright Basics.

 

How to Register

If formal registration of copyright seems best for your work, go to the U.S. Copyright Office's Registration Portal and choose the type of work you want to register for copyright. You can either register for copyright online (processing time 6-10 months) or using a paper form (processing time 10-15 months). 

The U.S. Copyright Office is actively modernizing its procedures, and is shifting away from paper registrations.  To avoid processing delays, it is highly recommended that you utilize the Copyright Office's online Registration Portal for registration and deposit. 

Fees
A single application (one work by one author) costs $45 to register online. Other fees may apply. For a full list of fees, see the US Copyright Office's Fees page. 

Mandatory Deposit

You will be required to submit two copies of your work in order to be registered. The copy must be the "best edition" of the work you wish to copyright and will not be returned. See Circular 7d for more information on mandatory deposit.

Preregistration

For some unpublished works being prepared for commercial distribution, you can preregister for copyright. Preregistration does not substitute for registration and does not carry many of the same benefits of full registration, such as providing prima facie evidence; preregistration simply acts as a placeholder indicating an intent to register. If you have preregistered your work and become aware of a copyright violation, you must register for copyright within one month of becoming aware of the infringement. See Preregistration FAQ for more information.

Registration Tips

  • Gather all information that will go in your application before you begin filling out the form
  • Keep in mind the contact information (phone numbers, email addresses and the claimant name) that you include in your application will be publicly searchable 
  • When preparing your deposit material, make sure it complies with the Copyright Office's technical specifications 
  • The U.S. Copyright Office has a registration helpdesk if you are confused or face challenges during registration: (202) 707-3000 or 1-877-476-0778 (toll-free), or online at www.copyright.gov/help.

For any other questions, see copyright.gov's FAQ for registering a work.

 

For more information on registering a work, see the US Copyright Office's "Registering a Work" page. 

register at copyright.gov