revise their works and publish new editions.
a meaningful way. Augusta should register
the work to protect the changes she made
Not all new editions can or should be
to her preexisting material.
registered. Look at the protected content
of the various versions. If the first version
As a practical matter, there is no reason to
you registered contains substantially the
go to the trouble and expense of registration
same protected content as a later version,
merely to protect minor changes that have no
there is no reason to register the later
value independent from the original work.
version; its content is protected by the
However, if you’ve added considerable new
initial registration. But if substantial new
material to your work that has substantial
protectable material is added to another
value and that someone may want to copy for
version, it’s wise to register that version.
its own sake, registration may be prudent.
As a general rule, your changes are
substantial enough to merit registration
Compare—more complete
only if enough new expression has been
version published first
added so that it is possible to tell the
If two versions of a work are published at
difference between the previous edition and different times, and the more complete
the new edition. Trivial changes—such as
version is published first, the less complete
spelling corrections—are not enough.
version may not be registered. The Copyright
EXAMPLE 1: Augusta writes and publishes
Office will not knowingly register a claim in
a college-level textbook on ancient Roman
a work where all of the copyrightable content
art. Two years later, she publishes a new
has previously been published.
54 | THE COPYRIGHT HANDBOOK
EXAMPLE: Schooldays Publications
Below, we describe your options for
publishes two editions of a Spanish
accomplishing these steps.
textbook; one version is for teachers and
the other for students. The teacher’s edition Option 1: Online Registration
contains all of the text and pictorial material
in the student’s edition, plus additional
Most types of written works can be registered
instructions, questions, and answers. The
online at the Copyright Office website,
teacher’s edition was published one week
although you may have to postal mail your
before the student edition. The student
deposit. This is the way the Copyright
edition may not be registered; all the
Office would like you to register. It is also
material it contains is already protected by
the cheapest and fastest way to register.
the registration of the teacher’s edition.
The fee is $35 for electronic registration of
a “single application”—this is a registration
for one work by a single author (not a work
Compilations
made for hire) who owns all the rights in the
A compilation is a work created by selecting, work. Electronic registration of other works organizing, and arranging facts or data
costs $55. Such works are registered using a
in such a way that the resulting work as
“standard application,” and include:
a whole constitutes an original work of
• works by more than one author
authorship. Examples include anthologies,
• deposits containing elements by more
bibliographies, and catalogs of all types.
than one author (for example, a comic
Some compilations are not considered to
book with text and illustrations by two
be sufficiently creative to merit copyright
authors)
protection and may not be registered.
• works with more than one owner
Refer to Chapter 6, “Adaptations and
• joint works
Compilations ,” for a detailed discussion of
• works made for hire
how to tell if your compilation is registrable
• multiple works (for example, unpub-
(and ways to help make it so).
lished and published collections)
• multiple versions of a work
• collective works (for example, serial
How to Register
publications, anthologies)
Copyright registration involves three steps:
• units of publication
• completing an application form
• group registrations
• submitting the form and registration
• databases
fee to the Copyright Office, and
• websites, and
• sending the required deposit to the
• choreography.
Copyright Office.
CHAPTER 3 | COPYRIGHT REGISTRATION | 55
Where to Get Help
this is the least preferred way to register,
and you’ll have to pay the highest fee—a
If any aspect of the registration process
whopping $85 per registration. There
becomes difficult to understand, you can
appears to be no good reason to use this
get help by cal ing the Copyright Office at
method of registration.
877-476-0778 between 8:30 a.m. and 5:00
p.m. eastern time, Monday through Friday.
You can also request help by email at www.
Online Copyright Registration
copyright.gov/help/general-form.html.
Most types of works can be registered
Questions about online registration should
online through the Copyright Office
be emailed to: www.copyright.gov/help/
website. This Web-based copyright
contact-eco.html.
registration system is called the Electronic
You can also contact the Copyright
Copyright Office (eCO). You’ll complete
Office by mail at:
the application at the eCO website and pay
Library of Congress
your fee electronically. Certain types of
Copyright Office-COPUBS
deposits can also be made online. However,
101 Independence Avenue SE
Washington, DC 20559
other types must be sent in hard-copy form
Copyright Office Information Specialists
to the Copyright Office by mail.
are knowledgeable and helpful, but they’re
If you can register your work online, this
not al owed to give legal advice. If you have
is usually the fastest and cheapest way to go.
a particularly complex problem that cal s for
interpretation of the copyright laws, consult
Which Works Qualify for
a copyright attorney; see Chapter 15, “Help
Online Registration?
Beyond This Book.”
Online registration may be used to register
all “basic claims” in literary works, visual
arts works, performing arts works (including
Option 2: Registration
motion pictures), sound recordings, or single
Using Paper Forms
&
nbsp; serial publications (including periodicals,
You can still use the old paper applica tion
newspapers, magazines, bulletins, newsletters,
forms: Form TX (literary works); Form VA annuals, journals, and similar publications).
(visual arts works); Form PA (performing
Basic claims include:
arts works, including motion pictures);
• any single work
Form SR (sound recordings); and Form SE
• multiple unpublished works, if
(single serials). For the Copyright Office,
they qualify for a single registration
under the rules discussed above (see
56 | THE COPYRIGHT HANDBOOK
“Registering Unpublished Collections
textbooks, reference works, directories,
for a Single Application Fee” above), or catalogs, advertising copy, compilations
• multiple published works if they are
of information, computer programs, and
all published together in the same
databases. This category also includes
publication on the same date, and are
single articles published in a magazine, a
all owned by the same claimant.
newspaper, or another serial publication, but
So, the online registration system may
not an entire serial issue.
be used to register any single written work,
If you’re registering more than one
published or not.
type of authorship in a work, your “type
of work” selection should be the material
How to Register Online
that predominates. For example, if you are
registering a book that’s mostly text and
To register using eCO, go to the Copyright also contains a few photographs, select
Office website at www.copyright.gov and
“Literary Work.”
click “Register a Copyright.” You’ll be taken
directly to the eCO online system. Look for Titles
links to the (very thorough) eCO tutorial,
The Copyright Office uses the title for
which you should read before tackling your indexing and identifying your work. If your
online application.
work contains a title, fill in that wording.
You’ll need to create an account with
This should be the same title that appears
a user ID and password. You must have
on your deposit. If your work is untitled,
an email address to do this. Then start
either state “untitled” or make up a title.
the registration process. The eCO system
You need not include this made-up title
includes a special “Save for Later” feature
on your untitled work. If you’re registering
that will preserve your work in the event
a work written in a foreign language, you
you sign off and then sign on at a later time. don’t have to translate the title into English.
Your registration will be assigned a case
number. Your first task will be to complete
Publication/Completion
the online application form, which consists
of the following 11 sections.
Publication occurs for copyright purposes
when a work is made widely available to
Type of work
the public. (See Chapter 1, “Copyright
Basics.”) Enter the month, day, year, and
First, you must select the type of work you’re country when or where your work was first registering. Most written works are “literary published. Give only one date. If you’re
works” for registration purposes. Literary
not sure of the exact publication date,
works include: fiction, nonfiction, poetry,
state your best guess. If your book has
CHAPTER 3 | COPYRIGHT REGISTRATION | 57
been published and has an ISBN number,
The requested information on the
provide the number in the space indicated.
author’s “Citizenship” or “Domicile” must
If you preregistered the work, provide the
always be provided, even if the author is a
preregistration number as well.
business, chooses to remain anonymous,
If the work is unpublished, fill in the year or used a pseudonym. An author’s
in which the work you’re registering first
“citizenship” (nationality) and “domicile”
became fixed in its final form, disregarding could be different. An author’s domicile
minor editorial changes. This year has
generally is the country where the author
nothing do to with publication, which may maintains a principal residence and intends
occur long after creation. Deciding what
to remain indefinitely. An author is a citizen
constitutes the year of creation may prove
of the country in which he or she was either
difficult if the work was created over a long born or later moved to and became a citizen period of time. Give the year in which the
of by complying with its naturalization
author completed the particular version of
requirements.
the work for which registration is now being
EXAMPLE: Evelyn is a Canadian citizen, but
sought, even if other versions exist or if
has U.S. permanent resident status and has
further changes or additions are planned.
lived year-round in Boston since 1980 with
the intention of remaining there for the
Authors
indefinite future. She is domiciled in the
List the names of all the authors of the
United States. She can state “Canada” in
work being registered. We discussed who
the citizenship field or United States in the
the author is for registration purposes under
domicile field.
“Who Can Register?” above. If you need stil
The citizenship of a domestic corporation,
more information, read Chapter 7, “Initial
partnership, or other organization should
Copyright Ownership,” and Chapter 8,
be given as United States, regardless of the
“Transferring Copyright Ownership.”
state or states in which it is organized and
Unless the work was made for hire, the
does business.
person or people who created the work are
What if the author wishes to remain
the authors. However, if the work to be reg-
anonymous or use a pseudonym? An author’s
istered is a work made for hire, the “author” contribution to a work is “anonymous”
for registration purposes is the employer
if the author is not identified on the
or person or entity that commissioned the
copies of the work. A contribution is
work. The full legal name of the employer
“pseudonymous” if the author is identified
or commissioning party must be provided as under a fictitious name (pen name).
the “Name of Author” instead of the name
If the work is anonymous, you may either
of the person who actually wrote the work.
leave the author name fields blank, state
58 | THE COPYRIGHT HANDBOOK
“anonymous” in the “Last Name” field, or
We discuss in Chapter 1, “Copyright
reveal the author’s identity.
Basics,” the fact that under the copyright
If the work is pseudonymous, you may
laws an author automatically holds several
either leave the author field blank or reveal
different exclusive rights in the work—the
the author’s name. In either case, you
right to reproduce the work, to distribute
should check the pseudonymous box and
it, to perform or publicly display it, and
give the pseudonym in the space provided.
to prepare derivative works based upon it.
Of course, if the author’s identity is revealed The author is entitled to transfer one or on the application, it will be a simple matter
more—or any portion—of these rights in
for others to discover, because the application
any way desired. But, if another person or
becomes a public document available for
organization acquires all these exclusive
inspection at the Copyright Office.
rights in a work, that person or organization
As the last part of the “Authors” section,
is considered the copyright “claimant” for
you must check the appropriate box(es) to
registration purposes, and the author is no
indicate the author’s contribution.
longer the claimant.
Claimants
EXAMPLE: Joe, an experienced mountaineer,
self-publishes a pamphlet on advanced rock
Next, you must provide the name and
climbing techniques. The Colorado Rock
address of the copyright claimant(s), which
Climbing Club purchases Joe’s entire copy-
must be either:
right in the pamphlet and republishes it. Joe
• persons or organizations that have,
never registered the pamphlet, so the club
on or before the date the application
does so. The club should be listed as the
is filed, obtained ownership of all the
copyright claimant, not Joe.
exclusive U.S. copyright rights that
Frequently, no one owns all the exclusive
initially belonged to the author
rights in the work. This may occur where an
• the author or authors of the work
author transfers less than all exclusive rights
(including the owner of a work made
to a publisher, or where a person or an
for hire, if applicable), or
entity that acquired all the author’s rights
• the person or organization that the
transfers some, but not all, of the rights to
author or owner of all U.S. copyright
a third party. In this event, the author must
rights has authorized by contract to act be listed as the copyright claimant, even
The Copyright Handbook Page 11