We’ve recently discussed what a copyright is and when it is created, and what rights a copyright provides. But how do you register a copyright?
You register a copyright a www.copyright.gov. That is the US Copyright Office website. There is no other website where you can personally register a copyright. Registration is $35 per submission (for songs a submission can be up to 80 minutes of songs by the same songwriters). Paper submission is now an $80 fee. All other websites are other companies trying to make money off you.
The copyright.gov website contains much good information that can be overwhelming and the registration interface is good, but still somewhat confusing. After completing the online registration form you can either upload or mail to the US Copyright Office a copy of the artist work being copyrighted, such as a cd or manuscript. For songs, the composition (PA copyright) and sound recording (SR copyright) can be done together, for one fee, or separately if the songwriter and recording artist are different.
Copyright registration serves two important purposes. The first is to establish a verifiable record of the date and content of an artistic work. Once the copyright of an artistic work is registered there is an official government record, that carries a presumption of accurateness, regarding when you created the artistic work.
The second reason is that copyright registration entitles the copyright holder of statutory damages of up to $150,000 per infringement in cases of copyright violation. In the case your artistic work is misappropriated the chance of recovery of substantial damages are much greater if the artistic work is formally copyrighted.
Remember, the registration of the copyright is not the same as the creation of the copyright. The registration is a formal method to put the world on notice of your copyright and secure the right to damages if your copyright is violated.
What about the poor-mans copyright – mailing a copy of your artistic work to someone who keeps the envelop sealed? It is not the same as registration. It may be evidence of a date of creation, based on the post-mark, but is not a verifiable government record. There is no notice to the world of your copyright. And most importantly, you would not be entitled to the statutory damages, but much lower common-law damages.
Next time I will discuss the duration of a copyright.
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