The Copyright Registration Process: How It Works

According to the Copyright Act of 1976, an original work becomes a copyright the moment it’s tangibly expressed. In other words, as soon as you jot your novel down or record your song, it's copyrighted.

That said, registering a copyright has several advantages, such as creating a public record of your authorship and strengthening your case in an infringement suit. Although you must register a copyright before suing for infringement, filing your copyright claim as soon as possible gives you a stronger case. 

What is a copyright?

Copyright is a part of intellectual property law that safeguards a creator's right to control the dissemination of their original works. In this way, copyright law protects both creators and consumers by defending the integrity of the work itself and shielding the public from misinterpreting a deceivingly similar work as the original. If an imitator does infringe your copyright, they may be liable for statutory damages and other legal consequences.

How to register a copyright in 7 steps

The easiest—and potentially fastest—way to register a copyright is to work with a third-party legal expert who's familiar with the process. LegalZoom's copyright registration service simplifies the process by helping you collect the necessary documents, filing with the U.S. Copyright Office on your behalf, and sending you confirmation once the Library of Congress confirms your copyright ownership.

No matter what type of work you want to copyright or what method you take, the process is relatively similar.

1. Check your eligibility

There are two key requirements for copyright registration:

• Originality: Any works created independently, not copied from an existing work.
• Fixation: A tangible medium of expression capable of perception and reproduction.

If your work(s) meet these criteria, you are eligible for copyright protection.

2. Decide between single or multiple registration

There are several types of copyright applications. Generally, which application you use depends on whether you register a single work or multiple works at once. Single works—including a collective and derivative work—use the "Standard Application." To register two or more unpublished works, use the application for "Register a Group of Unpublished Works." You can register up to ten unpublished works per group application.

Note that the "Standard Application" applies to most applications. However, there's also a streamlined "Single Application" that is limited to certain single works authored by a single individual. This means that no other individual contributed to the making of that work. If someone else recorded or provided illustrations for the piece you want to register, it's not eligible for the "Single Application."

3. Collect documentation

Gather a copy of the work you're registering, the relevant paper form (for mail applications), and any information you need before beginning your application. The copyright office has different forms for literary works, visual arts works, performing arts works, sound recordings, and single serials. These forms are available on the copyright office website.

For example, if you're registering a copyright for a single piece of work that contains multiple authors, you'll need the full names of every author who contributed to the work. If you're registering your contribution to a collective series or publication, make sure to have all relevant titles and dates on hand.

4. Complete your application online or by mail

Once you know which application to use, start your application. For online registrations, use the registration page for the U.S. Copyright Office and click on the field that applies to your work. Create an online account, select the appropriate application for your case, and start your application.

Both online and paper applications contain instructions to help you navigate the process. Fill out the required fields according to the instructions that apply to your case. The questions will vary depending on the medium of your piece, but will generally ask for titles, author information, creation/publication dates, the name and address of claimant(s), and where to mail the registration certificate. 

5. Submit a copy of your work

After you've completed the application, pay the filing fee and submit your work. If you apply by mail, the completed form must be sent in the same package as payment and a copy of the work. If you apply online, send any works that can't be uploaded online to to the Library of Congress at the following address:

Library of Congress

U.S. Copyright Office-SR

101 Independence Avenue SE

Washington, DC 20559-6000 

6. Receive your approval

If your application is approved, the Library of Congress will send your registration certificate in the mail to the address specified on your application. Online applicants can also view their certificate on the "Application Review page." Congratulations on registering your copyright!

If your application is refused, the Copyright Office will send you a written notice detailing the reason for their refusal. In this case, you can request that the office reconsiders your application. 

7. Maintain your copyright

Once you've registered your copyright, there are steps you can take to monitor its use. For example, you can manually search online for the use of distinct text or images from your work. Similarly, you can add a watermark to your content so as to trace infringing copies back to the original. For a wider and consistent reach, you can utilize an IP monitoring service that will search for you and send you monthly alerts.

What types of works can you copyright?

Copyrightable works are creative expressions fixed onto a tangible medium, such as an artistic, dramatic, musical, or literary work. In the modern era, copyright basics have expanded to include digital content such as a website, software, or graphic design.

Book copyrights

Book copyrights fall under the copyright category of literary works. While this may seem obvious, not all written works fall under this category. The Copyright Act of 1976 defines literary works as, "Works, other than audiovisual works, expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects."

Music copyrights

Music copyrights—including sheet music—are intended for performance and therefore belong to the copyright category of performing arts. Lyrics, audio recordings, screenplays, and video games also fall into this category.

Play copyrights

A script copyright is also registrable as a performing art. The copyright law claims, "to perform a work means to recite, render, play, dance, or act it, either directly or by means of any device or process or, in the case of a motion picture or other audiovisual work, to show its images in any sequence or to make the sounds accompanying it audible." 

Poem copyrights

You can also copyright a poem as a literary work. If the poem appears in a serial collection or publication, use serial publications form. There's also a group application form for "Short Online Literary Works." 

Software copyrights

Copyright a website, blog, software program, or other digital content as a literary work, work of visual art, or work of performing art depending on the purpose of the content. Computer software copyrights generally fall under literary works. 

Architectural copyrights

Building designs are also copyrightable. According to copyright law, an architectural work is "the design of a building as embodied in any tangible medium of expression, including a building, architectural plans, or drawings."

What types of copyrights can you register online?

You can register most basic copyrights online even if you are planning to mail a copy of the work to the copyright office. These include copyrights for literary works, visual arts works, performing arts works, sound recordings, and motion pictures.

Submit the following types of work electronically:

• Unpublished works
• Works that are only published electronically
• Works originally published in digital format that were later published in physical format
• Three-dimensional works (for which the deposit requirement is photographs or prints of the actual work)
• Auto recordings
• Architectural works

You must submit large groups or collections of works electronically. All other works must be mailed to the copyright office, even if you complete a registration application online.

What types of copyrights can you register by mail?

While the U.S. Copyright Office strongly recommends registering online, you're allowed to apply using a paper form for applications that aren't a large collection or group registration. However, you must mail physical copies of certain works even if you've registered online.

Submit hard copies of the following types of work:

• Works physically (not electronically) published in the U.S. prior to submitting your copyright claim
• Works physically and electronically published in the U.S. prior to submitting your copyright claim
• Works physically (not electronically) published abroad prior to submitting your copyright claim

What kind of response should you expect for a copyright application?

If you register your copyright online, you will receive an email confirmation that your registration was received. If you register by mail, you will not receive a confirmation when the copyright office receives your registration.

Many people mail their applications by certified mail, so they will know when the application was received.

You can expect one of three responses to your registration application:

• If there are questions, you will receive a letter, email, or phone call from the Copyright Office.
• If, for some reason, your copyright registration is rejected, you will receive a letter explaining why the registration was rejected.
• If your copyright is registered, you will receive a certificate of registration in the mail. It generally takes anywhere from three to nine months to process an application and issue a certificate.

FAQs

How do I know if I need a copyright or a trademark?

Whether you need a copyright or trademark depends on the nature of the intellectual property. Copyrights protect a wide range of complete creative works while trademarks protect logos, phrases, symbols, and words.

Can a copyright application get rejected?

Yes, a copyright application might get rejected for one of the following reasons:

• The work doesn't meet the criteria for "creative authorship"
• The application was incomplete
• The work isn't protected under U.S. copyright law
• The work isn't tangible

What does "original works of authorship" mean?

The term "original work of authorship" refers to a creative work, produced by a human, that exists in a tangible form. Currently, this means that works created by AI do not qualify for a copyright.

How long does copyright protection last?

Copyrights last for the author's lifetime plus 70 years. For anonymous works, copyrights last for 95 years from publication or 120 years from creation, whichever expires first.

How much does it cost to copyright something?

The cost to copyright a work depends on the type of registration. Basic online registrations cost $45 for a "Single Application" and $65 for a "Standard Application." Basic registrations by mail cost $125. Group registrations can cost anywhere from $34 to $500.

Jane Haskins, Esq. contributed to this article.