What Is the Effective Date of a Copyright Registration?

Copyright protection begins when an original work of authorship is in a tangible form. Although copyright registration is not required for copyright protection, it has certain advantages. It's also a good idea to understand when the registration is effective.

You can copyright many things that are original to you or your small business. These include musical works, visual arts, computer programs, motion pictures, performing arts, books, articles, poems, and other types of works.

The effective registration date is when the U.S. Copyright Office gets all the required elements in acceptable form. This is regardless of how long it takes for the registration process of the copyright application and for it to mail the certificate of registration. The time the Copyright Office needs to process an application varies depending on the material involved.

This article discusses the communication you can expect from the Copyright Office when registering a copyright. It also gives a brief overview of copyrights.

Acknowledgment of Copyright Registration Application

If you submit your small business copyright registration application form through the electronic Copyright Office (eCO), you will get email confirmations of the steps you complete in the application process.

But, if you don't do online registration and apply for copyright registration by mailing your paper application, you will not get an acknowledgment that your application has arrived. The reason is the Copyright Office gets too many applications in paper form to send an acknowledgment to each applicant. The filing fees range from $45 to $500.

There are some communications that you can expect to get, including the following:

• A letter or call from a staff member at the Copyright Office if they need more information
• A certificate of registration
• Or a letter explaining why it got rejected

The office can't honor requests to pick up certificates from the Public Information Office or to get them by mail.

The best way to verify the date the Copyright Office gets your material and the effective registration date is to send your copyright registration application via registered or certified mail. Request a return receipt.

Copyrights: Overview

The copyright laws of the United States apply to various original works of authorship. These include movies, television, software, literary works, photographs, live performances, and sound recordings.

Although copyright protection is automatically secured when the work first gets created, it must be tangible. That means it's fixed in a copy (for visual works) or a phonorecord (for sound recordings). Remember that copyright law covers the manner or form in which ideas are manifested. It's not the underlying concepts, ideas, facts, or techniques.

Before the U.S. adhered to the Berne Convention (effective March 1, 1989), you had to have a notice of copyright to secure copyright protection. Under current copyright laws, there are no formal requirements. But, following the formalities, such as providing a notice of copyright and registering the copyright with the U.S. Copyright Office, has its advantages.

For example, these formalities give official notice to the public that it's a copyrighted work. So, someone who commits copyright infringement on your work can't claim they didn't know it was protected.

Getting Legal Help

If you have questions about your copyright's effective date of registration or would like help determining if your work qualifies for copyright protection, contact an intellectual property attorney in your area. They can help you with your application and copyright claim.

For more info on this topic and other forms of intellectual property, you can visit the Intellectual Property section on FindLaw. You can also check out Copyright Registration FAQ (frequently asked questions).