Frequently Asked Copyrighting Questions and Answers
Information courtesy of the National Writers Union. Visit them at uwu.org
When is a work copyrighted?
Under U.S. copyright law, as soon as a work is created in tangible form (written down, recorded, and so
on) it is "copyrighted," that is, the author has full rights to that work (unless the work was created by a
person employed by a publishing company for that company OR if the author has released his or her rights
to the work).
Since work is copyrighted as soon as it's created, why bother registering it?
The NWU recommends doing so for a number of reasons. In addition to having your registration on public
record, if an infringement occurs your works may be eligible for statutory damages and counsel fees in
successful litigation.
What if I haven't registered my work and an infringement occurs?
You may still register your work up to three months after an infringement occurs; indeed, to file a suit, you
must register with the U.S. Copyright Office first. However, by registering after the infringement occurs,
you lose claim to statutory damages and counsel fees.
Are there any limitations on copyright registration?
Generally, your copyright registration gives you complete control over the copying, reproduction,
distribution, derivative use, and public display of your work, as well as the right to sue for unauthorized use
of your work. However, certain "fair use" exemptions apply, which allow your work to be used in certain
instances for educational and instructional purposes. You can read further about these exemptions in the
Limitations section of U.S. Copyright Law.
When is the effective date of registration?
Your work is considered registered on the date the Copyright Office receives all required elements in
acceptable form. Unless further information is needed, you will eventually receive a certification of
registration indicating the work has been registered. Application processing time varies, but you should
generally expect the certificate of registration within 4 to 5 months of submission.
Can I submit my manuscript on a computer disk?
No. The U.S. Copyright Office requires printed copies of works for deposit.
Which of my works should I register?
While it is appropriate to register all your work, the decision to register is ultimately your own. The NWU
highly recommends you register journalism pieces and book-length manuscripts, which may be more
susceptible to infringement via online database publication. If you are making any work widely available
publicly, however, such as on a web site, it is in your best interests to register it.
What's the difference between work registered with the U.S. Copyright Office and work registered
with the Publication Rights Clearinghouse (PRC)?
For those publishers or aggregators wishing to license additional uses of an author's work, the PRC
facilitates that licensing and ensures that royalties for additional use(s) is paid to authors who have
registered their works with the PRC. If publishing infringement occurs, however, your work must be
registered with the U.S. Copyright Office in order for you to take legal recourse and sue for damages. For
more information about the PRC and how it can help you receive royalties for secondary use of your work,
go to About the Publication Rights Clearinghouse.
Do I have to renew my copyright?
Works created on or after January 1, 1978, are not subject to renewal registration. For works published or
registered prior to January 1, 1978, renewal registration is optional after 28 years. To determine whether or
not you should renew your registration, see U.S. Copyright Law, Circular 15.
Do I have to display a copyright symbol on all my registered work?
The NWU recommends that you display a (c) (followed by the year of publication and name of copyright
owner) on all your work to prevent infringement; however it is no longer required by law. All your work
created after March 1, 1989, is protected with or without the symbol. The copyright symbol is still required
on works created prior to March 1, 1989.
I'm not sure if I retained rights to my work. Should I register it anyway?
No. You can only register works to which you have retained the copyright. If you produced the work as an
employee of a company (that is, as a staff writer), the publisher owns the rights to that work. If you have
signed a work-for-hire contract, you have given the copyright to the publisher. If you are not sure if you
retained your rights to a work, consult with an NWU contract advisor. This is a free service for NWU
members.
How long does my copyright protection last?
Generally, work created after January 1, 1978, is protected from the moment of creation through the end of
the author's life plus 70 years.
How do I contact the U.S. Copyright Office?
The Public Information Office telephone number is (202) 707-3000. You can also access information from
their web site: http://www.loc.gov/copyright/.
How do I obtain the proper application forms needed for copyright registration?
You can contact the U.S. Copyright Office directly for forms at (202) 707-9100 or access them on the
Internet at http://www.loc.gov/copyright/forms/. In addition, all the forms you need are provided in
hypertext links in the above document.
When is a work copyrighted?
Under U.S. copyright law, as soon as a work is created in tangible form (written down, recorded, and so
on) it is "copyrighted," that is, the author has full rights to that work (unless the work was created by a
person employed by a publishing company for that company OR if the author has released his or her rights
to the work).
Since work is copyrighted as soon as it's created, why bother registering it?
The NWU recommends doing so for a number of reasons. In addition to having your registration on public
record, if an infringement occurs your works may be eligible for statutory damages and counsel fees in
successful litigation.
What if I haven't registered my work and an infringement occurs?
You may still register your work up to three months after an infringement occurs; indeed, to file a suit, you
must register with the U.S. Copyright Office first. However, by registering after the infringement occurs,
you lose claim to statutory damages and counsel fees.
Are there any limitations on copyright registration?
Generally, your copyright registration gives you complete control over the copying, reproduction,
distribution, derivative use, and public display of your work, as well as the right to sue for unauthorized use
of your work. However, certain "fair use" exemptions apply, which allow your work to be used in certain
instances for educational and instructional purposes. You can read further about these exemptions in the
Limitations section of U.S. Copyright Law.
When is the effective date of registration?
Your work is considered registered on the date the Copyright Office receives all required elements in
acceptable form. Unless further information is needed, you will eventually receive a certification of
registration indicating the work has been registered. Application processing time varies, but you should
generally expect the certificate of registration within 4 to 5 months of submission.
Can I submit my manuscript on a computer disk?
No. The U.S. Copyright Office requires printed copies of works for deposit.
Which of my works should I register?
While it is appropriate to register all your work, the decision to register is ultimately your own. The NWU
highly recommends you register journalism pieces and book-length manuscripts, which may be more
susceptible to infringement via online database publication. If you are making any work widely available
publicly, however, such as on a web site, it is in your best interests to register it.
What's the difference between work registered with the U.S. Copyright Office and work registered
with the Publication Rights Clearinghouse (PRC)?
For those publishers or aggregators wishing to license additional uses of an author's work, the PRC
facilitates that licensing and ensures that royalties for additional use(s) is paid to authors who have
registered their works with the PRC. If publishing infringement occurs, however, your work must be
registered with the U.S. Copyright Office in order for you to take legal recourse and sue for damages. For
more information about the PRC and how it can help you receive royalties for secondary use of your work,
go to About the Publication Rights Clearinghouse.
Do I have to renew my copyright?
Works created on or after January 1, 1978, are not subject to renewal registration. For works published or
registered prior to January 1, 1978, renewal registration is optional after 28 years. To determine whether or
not you should renew your registration, see U.S. Copyright Law, Circular 15.
Do I have to display a copyright symbol on all my registered work?
The NWU recommends that you display a (c) (followed by the year of publication and name of copyright
owner) on all your work to prevent infringement; however it is no longer required by law. All your work
created after March 1, 1989, is protected with or without the symbol. The copyright symbol is still required
on works created prior to March 1, 1989.
I'm not sure if I retained rights to my work. Should I register it anyway?
No. You can only register works to which you have retained the copyright. If you produced the work as an
employee of a company (that is, as a staff writer), the publisher owns the rights to that work. If you have
signed a work-for-hire contract, you have given the copyright to the publisher. If you are not sure if you
retained your rights to a work, consult with an NWU contract advisor. This is a free service for NWU
members.
How long does my copyright protection last?
Generally, work created after January 1, 1978, is protected from the moment of creation through the end of
the author's life plus 70 years.
How do I contact the U.S. Copyright Office?
The Public Information Office telephone number is (202) 707-3000. You can also access information from
their web site: http://www.loc.gov/copyright/.
How do I obtain the proper application forms needed for copyright registration?
You can contact the U.S. Copyright Office directly for forms at (202) 707-9100 or access them on the
Internet at http://www.loc.gov/copyright/forms/. In addition, all the forms you need are provided in
hypertext links in the above document.
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