1. Registering Your Copyright with the U.S. Copyright Office Insert Date Insert Instructors’ Names / Titles The following slides are based on the work of the UCLA Library Scholarly Communications Steering Committee

2. Today’s Objectives  Is Registering Right for You?  The Registration Process  One Great Tip  Getting further help

3. Disclaimer I am not an attorney, and cannot offer legal advice. The following information is presented to educate about copyright law and institutional policy in general terms. If you are unclear about your options when confronted with a specific legal issue related to copyright, you are urged to consult with an attorney with a background in copyright law.

4. Is Registering Right for You?  Remember, copyright is inherent upon creation (specifically, “upon fixation in a tangible medium of expression”)  Therefore, registration is not necessary to enjoy copyright protection of your created works -The myth of “The Poor Man’s Copyright”  However, you must register before you can file an infringement claim, though you can register after the infringement occurs.

5. Key Advantages to Registering 1.Registration establishes a public record of the copyright claim. Those seeking permission will find it easier to track you down Infringers cannot claim they couldn’t find you

6. http://www.copyright.gov/records/ Your information will be discoverable

7. Key Advantages to Registering 2.If registration is made before or within five years of publication, registration will establish prima facie evidence in court of the validity of the copyright.

8. Key Advantages to Registering 3.If registration is made before or within three months of publication, or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions.  Otherwise, only an award of actual damages and profits is available to the copyright owner

9. Key Advantages to Registering 4.Allows the owner of the copyright to record the registration with the U.S. Customs Service for protection against the importation of infringing copies. For more info look to the U.S. Customs website: http://www.cbp.gov/xp/cgov/trade/priority_trade/ipr/

10. A very slow process* For claims registered online: 90% should receive a certificate of registration within six months of submission. One-third should receive a certificate within ten weeks of submission. Whatever time is needed to issue a certificate, the effective date of registration is the day the Copyright Office receives a complete submission in acceptable form. You do not need to wait for a certificate to proceed with publication. Added advantage of “status tracking” not available through paper submissions * as of February 2010; times subject to change

11. A very slow process* For claims registered through electronically filled-in and printed “Form CO”, through the mail: 90% of paper filers should receive a certificate within eight months of submission. One-third should receive a certificate within five months. Whatever time is needed to issue a certificate, the effective date of registration is the day the Copyright Office receives a complete submission in acceptable form. You do not need to wait for a certificate to proceed with publication. * as of February 2010; times subject to change

12. A very slow process* For claims registered through manually filled-in paper forms, through the mail: 90% of paper filers should receive a certificate within eighteen months of submission. One-third should receive a certificate within twelve months. Whatever time is needed to issue a certificate, the effective date of registration is the day the Copyright Office receives a complete submission in acceptable form. You do not need to wait for a certificate to proceed with publication. * as of February 2010; times subject to change

13. Registration Fees*  $35 for single online claim  $50 for single claim using electronic fill-in “From CO” (which is then mailed)  $65 for a standard form, filled in manually and mailed * as of February 2010; fees subject to change

14. What about “preregistering”? For the vast majority of works, preregistration is not useful. Preregistration is not a substitute for registration. If you do preregister your work, you are required to register it when it is published. You may register an unpublished work for $35 (online), without preregistering it. The nonrefundable filing fee for preregistration is $115. You may benefit by preregistering your work if: you think it’s likely someone may infringe your work before it is released; and, you have started your work but have not finished it.

15. What about “preregistering”? You can preregister your work only if: 1.your work is unpublished; and, 2.creation of your work has begun; and, 3.your work is being prepared for commercial distribution; and, 4.your work is one of the following: motion picture, musical work, sound recording, computer program, book, or advertising photograph.

16. What about “preregistering”? For full details on Preregistering, go to the following website: http://www.copyright.gov/prereg/help.html

17. One Great Tip Multiple works can be combined into a compilation, and filed as a single claim (saving lots of money and effort)

18. For Full Details… See the U.S. Copyright office Circular #1, entitled “Copyright Basics” http://www.copyright.gov/circs/circ1.pdf

19. Do you now want to register your copyright? Go to the following website: http://www.copyright.gov/register/index.html And find this link to start the electronic filing process:

20. Need Further Help? The UCLA Library can help with questions about copyright. email us: copyright@library.ucla.educopyright@library.ucla.edu

21. Questions? Thank You! Acknowledgements The preceding slides are based on the work of the UCLA Library Scholarly Communications Steering Committee Photo from flickr: http://www.flickr.com/photos/marcobellucci/3534516458/http://www.flickr.com/photos/marcobellucci/3534516458/