When you create an original work, your copyright becomes enforceable. You can obtain compensation if someone infringes on your copyright by submitting a copyright registration to the U.S. Copyright Office. Contact one of our copyright attorneys today for a free consultation.
What You Need to Understand About Copyright Protection
When you first create an original work, it has a copyright. It safeguards original works such as photographs, books, poems, films, songs, recordings, paintings, illustrations, sculptures, and more.
Anyone who wants to use this material must have the copyright owner’s permission unless the work is in the public domain or falls under an exception to copyright protection.
To prevail, you must prove several factors, including that you – the party claiming copyright protection – are the copyright holder. By completing a registration application, whether registered online with the filing fee or by mail, you establish a record of your claim of ownership over the material.
File with the Copyright Office Once Your Work is in a Tangible Medium
While copyright automatically attaches upon creation, allowing you to make copyright claims against those who violate your rights, copyright law gives you added protection – and the ability to obtain statutory damages – if you file with the copyright office.
How to Register A Copyright with the U.S. Copyright Office
The original artist, author, or creator automatically has copyright and legal protection as soon as you produce the work. Copyright protects others from duplicating, distributing, displaying, or broadcasting your work without permission.
As the creator of a work, you have sole rights to it and may or may not let others use your work. When you give someone a limited-use license, they can use your material in specific ways under the conditions you set. If you give up your copyright entirely, the person using your material will have no restrictions on what they can do with it. When you give others the rights to your work, you get to choose the terms and how much they will pay you.
If someone violates your copyright, you could potentially file a claim to receive financial compensation. As a creative professional, it’s often confusing to know when someone has used your copyrighted material without permission – and whether you are entitled to compensation. Call Sanders Law Group for a free consultation if you believe your work has been used without proper permission. We’re ready and willing to help you get the compensation you deserve.
The Copyright Registration Process for Published Work
You may register your published work with the copyright office online or by mail. You will need to provide the following information to submit your copyright registration:
- The title of the work
- The author
- The name and address of the copyright claimant
- The year the work was created
- The complete date the work was published
- A description of the work
- The file containing the work
- The filing fee for registering the copyright
The Importance of Copyright Registration with the Copyright Office
Many clients ask us, “If a copyright exists automatically, why should I register my copyright with the U.S. Copyright Office?” It is a good question: If your rights arise automatically, why take the additional steps and expense to register your copyright?
Registration can significantly increase the value of your copyright and make it easier to enforce your rights. How? Consider the following ways it pays to register your copyright with the U.S. Copyright Office.
Creating a Public Record of Ownership by Registering Your Copyright
In any copyright infringement case, you must be able to prove that you own the image, artwork, or book in question. While filing with the copyright office is not required, it is an excellent way of creating a record showing ownership and the existence of the creative works as of the date of filing (filing date).
Filing for Published and Unpublished Works
Are you filing unpublished works, work that you have just first published, or filing at a time after you reduced the work to a tangible medium? Filing your application online, where you electronically submit your registration form, by certified mail, where you send in your registration application, certified mail, or by ordinary mail, you are granting yourself added protection.
Filing with the U.S. Copyright Office Website Online Registration System
Copyright law allows you to register your work online, instead of a paper application or paper form, by submitting online directly to the copyright office’s online application system.
Online registration can be a great way to file for copyright protection, as it’s simple and user-friendly. You will need to have your work scanned and saved in an image file format that you can submit to the copyright office online. You can submit a group registration of either published or unpublished photographs.
What You Need to File Your Copyright Online
The copyright law and regulations allow you to register online with the US Copyright Office. You must complete all the elements of the filing, whether one or multiple works, including the applicable filing fee. You may submit, for example, literary works, photographs such as wedding photos or celebrity images, books, songs, videos, and even works created as derivative works. You would indicate the date first published or if it is an unpublished work, allowing you to register your work as of the date you submit your registration.
Note that filing a derivative work does not mean you are safe from infringement claims. The owner of the work you based your work upon may still claim against you. Registering your derivate work allows you to make claims against those who violate your rights.
Complete Copyright Application Required
You will be submitting a completed copyright application. The application will include the title of the work; your name and address as the author and claimant; the date of creation, a description of the work; the complete date of first publication; a zip file containing the work; and the filing fee for copyright application. Missing items in your application form filing with the copyright office may delay or impair your copyright claim.
Do you have questions about what to include on your form or, in general, about registering your copyright? You can contact our lawyers at Sanders Law Group, who can assist you with your registration.
How Courts View Copyright Filings
In some instances, if you register your copyright within five years of finishing the work, the courts will automatically see it as prima facie evidence of ownership. If there is a dispute and you filed the registration within this time limit, the court may presume the name on the registration of the work’s owner. Then the other party has the burden of proof – they must provide evidence to disprove your copyright ownership.
By Registering Your Copyright, You Potentially Increase The Amount Of Damages You Could Receive If You Win A Lawsuit
The copyright law provides different levels of damages that you can recover in an infringement lawsuit. The level of damages will depend on whether you registered the copyright or not.
If your work is registered, you can recover statutory damages and attorneys’ fees. These damages are a set amount, ranging from $750 to $30,000 per work infringed, that a court may award at its discretion. If the court finds that the infringement was willful, the court may increase statutory damages as high as $150,000. In addition, if you win your lawsuit, you may also be able to recover your attorney’s fees.
Statutory Fee Award Requires Timely Copyright Registration
To secure these fees, you must register your copyright with the copyright office before the infringement occurs if it is an unpublished work or within three months after you publish the work. For this reason, it is essential to register your creative work as soon as possible after its creation.
However, you can only recover actual damages and profits if you had not registered the copyright before the infringement occurred (on a non-published work) or within three months of publication on a published work. Actual damages are damages incurred directly from the violation; they do not require copyright registration but can be very challenging to prove.
Actual Damages are Difficult to Prove
Profits are any money that the infringer made from the infringement. If you can’t prove either actual damages or profits, then you may not be able to recover anything.
Because of this, it is generally advisable to register your copyright before an infringement occurs. Protecting yourself before the work is first published (or within three months after publication) will give you the best protection whether you use paper applications or submit your application online.
Remember, registering your copyright allows you to receive statutory damages if someone violates your copyright. Proving actual monetary damages in a copyright infringement case can be very beneficial. Statutory damages provide a set amount of money for infringement regardless of the number of actual damages.
Discourage Others from Violating Your Rights by Filing
Registering your copyright has several benefits. In addition to damages, following the copyright registration process – including timely filing and payment of the filing fee – may discourage individuals from violating your rights in the first place.
By searching the registration database, companies can find out who owns the work they want to use. If you have filed for copyright, it becomes much harder for someone to claim that they did not know somebody owned the work.
Have Our Attorneys Help You with Your Copyright Filings
Protect your rights and ensure that your copyright registration is done correctly by hiring an attorney. At Sanders Law Group:
- We know copyright laws inside and out.
- Our copyright attorneys can explain the copyright registration process to help you safeguard your interests and make intelligent business decisions.
- We understand how unusual circumstances or facts might harm your intellectual property rights.
- We can help assure the validity of your registration and combine several works in the same package.
We understand how copyright protects our client’s interests. Sanders Law Group’s skilled copyright attorneys can also assist you if a lawsuit is required to protect your intellectual property. Unlike some who are only superficially familiar with copyright law, we deeply understand all U.S. copyright laws and the issues that arise in intellectual property cases.
Contact Us to Register Your Copyright and Protect Your Work
You put in a lot of effort to produce one-of-a-kind creative work. It may take weeks or months to get the shot just right. A painting you’ve been working on might take years to finish. A decade of blood, sweat, and tears went into that book- why shouldn’t you be compensated for it? After you’ve put in all the effort, why should someone else profit from your dedication and talent? The answer is “no.”
Sanders Law Group is committed to ensuring that the entire scope of the law protects creative individuals’ rights. Photographers, artists, and writers are our specialty, as we handle copyright registrations, licensing agreements, and copyright infringement cases.
Call for a Free Case Evaluation
Call us for a free case evaluation if someone uses your work without your consent. We can assist you in obtaining the compensation you deserve and help ensure the courts uphold your ownership rights.
Call Sanders Law Group today at 888-348-3090 today to protect your rights and avoid copyright infringement.
