How to Copyright a Poem

Can you copyright a poem?

A copyright is an intellectual property right granted to creators of original works, including poems. The copyright holder has the exclusive right to utilize and reproduce their copyrighted work for a set number of years, usually the length of the creator's life plus 70 years.

Under current U.S. law, as long as a poem shows a sufficient level of originality, the author of the creative work automatically obtains protection for their work once it exists in a fixed format (is written or typed) or is published. Authors of poems do not need to write "copyright," use the copyright symbol (©), or take any other special action to obtain a copyright in their poem.

6 steps to register a poem’s copyright

Although not required, an author of a written work, such as a poem, can register their copyright with the United States Copyright Office for a fee. While poetry receives copyright protection as soon as the author writes it down, registering the copyright expands the remedies for infringement.​

You can register a poem in the U.S. by following these steps independently or with the help of an experienced online legal services provider.

Step 1: Prepare your poem

Once your poem is complete, you will need to save it in an acceptable digital format to submit to the Electronic Copyright Office (eCO).

You can upload text documents in the following file types to the U.S. Copyright Office:

• .doc (Microsoft Word document)
• .docx (Microsoft Word Open XML document)
• .html (Hypertext Markup Language)
• .pdf (Portable Document Format)
• .rtf (rich text format)
• .txt (text file)

If you try to upload the text of your poem using a file type that is not included in the above list, your registration may be rejected, and you may need to submit the poem again in an acceptable format. 

Step 2: Start your registration

You can start your registration by navigating to the eCO website and creating an account or logging in. 

You can use the Standard Application to register one work (which can include one collective work or one derivative work) and select “Literary Work” as the type of work you wish to register. 

You are able to register up to 10 unpublished works on one application, but you must click on the “Register a Group of Unpublished Works” link on the home screen. 

A poem is considered unpublished if copies or phonorecords (mediums that hold sound recordings) of the poem have not been distributed to the public.

If the copyright owner allows one or more copies or phonorecords of the poem to be distributed to the public with no disclosure restrictions or offers copies or phonorecords of the poem to a group of people for the purpose of distribution or public performance or display, the poem is considered published under copyright law.

You can also use a legal service such as LegalZoom’s copyright registration service. Simply answer a few questions and provide a copy of your poem, and we will complete your application and file it with the U.S. Copyright Office for you. 

Step 3: Complete the application

You must provide the following information for the application: 

• Type of work
• Title of work (and title type: work being registered, previous or alternative title, title of larger work, series title, or content title )
• Whether the work has been published and information about previous publications
• Author's name (or organization), birthday, and citizenship or domicile information
• The name (or organization) and address of the claimant of the copyright
• Limitation of claim information (if you want to exclude any preexisting work from the claim or identify new material you are registering)
• Optional rights or permissions 
• Contact information
• Special handling instructions (applicable under certain circumstances, such as those involving pending litigation or an issue with customs)
• Certification (the author, copyright claimer, owner of exclusive rights, or authorized agent must tick a checkbox certifying that the information in the application is correct)

Keep in mind that if your poem or published poetry collection is a work made for hire—meaning you have a publishing agreement giving rights to your work to a third party—your employer or the commissioning party is considered the author and owns the copyright to your work. 

Remember, the type of work for poems is "literary work." You can also submit copyright registrations by mail, but the process takes longer.

Step 4: Pay the filing fee

You need to pay the filing fee for your copyright application at the end of the online application or by submitting payment in person or with your mailed-in application. The filing fee depends on the type of registration and your method of submitting the application. For instance, electronic filing of a standard application is $65, while paper filing for a basic registration is $125. Review the Fee List to determine the required payment.

Acceptable payment methods depend on whether you file online, in person, or by mail.

• If you submit your copyright application online: You can pay by credit card, debit card, or ACH debit.
• If you apply in person at the Copyright Office: You can pay with a credit card, check, money order, or with currency.
• If you submit your application by mail: You can pay by check or money order. 

Step 5: Submit copies of your poem

Submit one copy of your poem to the U.S. Copyright Office if it has not been published and two if it has been published. In most cases, you can submit the required copies electronically, which saves mailing costs and helps expedite the application process.

However, keep in mind that you must send a physical deposit of your work in the following situations:

• The Library of Congress requests a hard-copy deposit
• Your poem was first published in a physical format or both a physical and an electronic format in the U.S. before you submitted your copyright claim 
• Your poem was first published abroad in a physical format before you submitted your claim 

You can attach a copy of your poem to your registration application when applying online. 

If you have 10 or fewer unpublished poems, you can register them together to save on fees by using the Group Registration option. The U.S. Copyright Office provides a tutorial video that explains how to register multiple unpublished poems. 

Step 6: Await confirmation

Copyright registration processing times depend on a number of factors, including the complexity of your claim and how many claims are pending with the Copyright Office. 

According to the U.S. Copyright Office, the average processing time for all copyright claims is 1.9 months. However, claims that require correspondence generally take longer to process, while those that don’t tend to take less time. 

Claims submitted by mail can take longer to process than online applications. Processing times for online applications range from under a month to 15.5 months, while applications received by mail can range anywhere from under a month to 21.7 months. 

How much does it cost to copyright a poem?

The cost of registering a copyright for a poem varies depending on the method of registration. 

Here’s a breakdown of the costs that can be associated with copyrighting a poem:

• Online registration with the U.S. Copyright Office. The cost of a Single Application is $45, while the cost of a Standard Application is $65. If a single copyright claimant owns the work they are submitting, is not for hire, and is submitting one poem, they can use the Single Application.
• Mail-in registration. The fee for paper filing is $125. 
• Group registration for unpublished works. Online registration for a group of unpublished works is $85.
• Copyright filing services. LegalZoom’s copyright registration service costs $114 plus federal filing fees and includes electronic filing of your application with the U.S. Copyright Office and delivery confirmation when the Library of Congress receives a copy of your poem. Many people can complete the copyright application process with LegalZoom in just 15 minutes.
• Copyright attorney fees. Another option is hiring a lawyer to help you with copyright registration. Hiring an attorney might make sense if you have additional needs beyond registration, such as having an attorney document and manage your copyright portfolio or draft licensing agreements. The cost of a copyright lawyer can depend on your location, the extent of the services required, and how much the individual attorney chooses to charge. Some copyright lawyers charge by the hour, which can range from $100 to $500 per hour or more, while others charge a flat fee, which can range from $300 to $1,000 or more. 

Benefits of registering a copyright

Registration provides public notice of the author's claim of ownership of the work and can make it easier and more financially beneficial to enforce the copyright. For example, only registered copyright owners can sue in court for infringement. 

The registration serves as strong evidence of the validity of the claim to a copyright. Additionally, if the copyright registration occurs within three months of the poem's first publication, the copyright owner can recover their attorneys' fees from the copyright infringer and can obtain monetary damages without having to prove financial losses.

Copyright protections for owners

As the owner of copyrighted material, you have the exclusive right to:

• Create derivative works based on your original poetry
• Distribute copies of your poetry by selling it to the public, transferring your ownership, or by renting, leasing, or lending your poetry for use by another party
• Reproduce your poetry by making copies or recordings
• Display your poetry publicly
• Read or use your poetry in a performance publicly

It’s worth noting that these protections apply without going through the registration process. In most cases, the term of a copyright for poetry created on or after Jan. 1, 1978, is 70 years after the author's death. Again, registering your poetry is not mandatory, but it is strongly recommended to protect your rights. Placing a copyright notice on your poetry is not the same as recording it with the U.S. Copyright Office. Register your poetry if you want to have maximum protection for your literary works.

FAQs 

What is poor man’s copyright, and does it apply to poems?

“Poor man’s copyright” is when an author sends a copy of their own work to themselves to serve as proof of ownership. However, poor man’s copyright is not recognized as a substitute for copyright registration under U.S. copyright law. 

Sending a copy of your poem to yourself provides no benefit or protection under intellectual property rights laws. 

How else can I protect my poem?

Make sure to monitor for infringement and take action to enforce your rights, whether that’s drafting a cease-and-desist letter or filing an infringement claim. 

Will my copyright cover me internationally?

Copyright laws in different countries vary. Currently, there is no single, universal copyright application for protection in all countries. However, due to a series of treaties, most notably the Berne Convention, a number of foreign countries must provide U.S. copyright holders with the same protection that they afford to their own citizens who are copyright holders.

Why should I register my poem?

In a short amount of time and for a small fee, you can protect your work with a copyright. Registering the copyright for your poetry enables you to enforce your rights against third parties who might try to steal your words or use them without permission.

Examples of copyright infringement include using your poetry during a public performance and publishing your poems in any format without your knowledge or authorization. Copyright infringement laws also protect against someone creating work that is based on or derived from your poetry.

Why should I register my poem?

In a short amount of time and for a small fee, you can protect your work with a copyright. Registering the copyright for your poetry enables you to enforce your rights against third parties who might try to steal your words or use them without permission.

Examples of copyright infringement include using your poetry during a public performance and publishing your poems in any format without your knowledge or authorization. Copyright infringement laws also protect against someone creating work that is based on or derived from your poetry.

Registering your poetry can provide additional legal benefits when it comes to enforcement. To sue another party for copyright infringement, your poetry must be registered with the U.S. Copyright Office. Also, to be entitled to receive compensation for statutory damages and attorney's fees, your registration must be filed before the infringement or within three months after the publication of your work. Therefore, it is usually best to file your registration before publishing your poetry or sharing it with the public.

Do I have to copyright every poem I write?

Most literary works, including poetry, are automatically copyrighted as soon as you write them down or transfer them to a tangible format. 

For instance, whether you write your poetry in a notebook or type and save an entire collection of poetry in a file format, your poetry is copyrighted. However, registering your literary creations with the U.S. Copyright Office provides more effective legal protection from copyright violations.