The Purpose of Copyright Registration
Why Pay for Filing Fees and Officially Register Work
Sep 14, 2009
In a sense, there is no need for copyright registration with the U.S. Copyright Office because protection begins once a work is made. An image on a camera, a story in a notebook, or a song recorded on a four-track, all are already the property of the creator — no one can legally copy, distribute, or make a derivative of the work.
Then why does everyone go though the trouble of copyright registration? Why pay for ever-increasing filing fees and fill out forms if there is no need? Why do artists, writers, and musicians continue to copyright their work? Simple — because there are very important benefits of copyright registration.
The Benefits of Copyright Registration
Even though the creator or creators of a work are instantly entitled to certain rights once their piece is made, there are still reasons for copyright registration. When one files their work with the government they have made an official public record; a declaration to society that this particular piece is theirs, and cannot be used, copied, or changed in any way without their permission.
Although copyright protection is instant, what happens if you cannot prove that you are the creator or copyright owner? Paying filing fees and registering work gives one a certificate of registration, proof to anyone who wants to challenge their claim that they had the idea, and expressed it in an original manner first. More or less, it is security and insurance.
Copyright registration makes the creator or owner eligible for statutory damages and attorney's fees in successful court cases of copyright infringement. Without a public record, the burden of proof lies on the creator or owner to prove that they deserve the rights given to a copyright owner.
As long as a work is registered with the copyright office within five years of publication, than if it ever does go to court it will be categorized as prima facie evidence. This would mean that the copyright registration would be sufficient to prove the legitimacy of a claim.
The Cost of Copyright Registration
More often than not, creative works are the fruits of someone's labor, the result of time, energy, and personal voice. The filing fee for copyright registration is generally worth the insurance it offers.
Copyright registration online is the most inexpensive option, at thirty-five dollars per filing. In most copyright registration cases, a form (the CO form) can be printed from a personal computer, filled out, and mailed in with filing fees and a copy of the creative work. This option costs fifty dollars. To request a paper form, direct from the copyright office, either by mail or in person, the filing fee is sixty-five dollars.
The Duration of Copyright Registration
Once the copyright registration is completed, how long does copyright protection last for? A work is protected seventy years beyond the life of the creator. When there is more than one author, a work is covered by copyright law for seventy years after the last surviving creator has died.
Lifetime protection of a creative work by the U.S. government is in most cases worth the filing fees for copyright registration. It is however never a requirement, but a choice.
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