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Intellectual Property

Copyright Registration

Most people looking into copyright registration already own the copyright. The work became protected when it was created; the open question is whether, and when, to put it on the public record with the U.S. Copyright Office.

Reviewed

01 GUIDE

Copyright Registration: what usually happens

What registration changes

For works first published in the United States, registration generally has to be issued or refused before an infringement lawsuit can be filed, and the Office can take a while to process an ordinary application. Expedited handling exists for a substantial extra fee, and it is usually requested when a dispute is already underway. Timing matters beyond the right to sue, because whether statutory damages and an award of attorney's fees are even available often turns on whether registration came before the infringement began or within a limited window after publication. A certificate obtained promptly also tends to carry weight as evidence of ownership and of the facts it states. That is why many owners of commercially important work register at release rather than waiting for a problem.

Details the application asks you to get right

The form asks who the author is, who owns the work now, whether it has been published and when, and whether it is a work made for hire. Those answers are less obvious than they look when a contractor, a co-founder, or an agency was involved, since ownership of commissioned work often depends on a written assignment rather than on who paid. You also identify material that is not yours, such as licensed photos, earlier versions, or stock music, so that the claim covers only what was actually created. A deposit copy of the work goes in with the filing. Honest mistakes can often be corrected, but an inaccuracy included knowingly can undermine the registration when it is later relied on in court.

Choosing what to register and how

Software, websites, photo catalogs, songs and the recordings of them, and serial content each raise their own questions about what a single application can cover. Group options exist for some categories, such as certain collections of photographs or short online writing, and they can make regular filing affordable for a creator who publishes often. A website that changes constantly is usually registered in pieces rather than as one living thing. Names, titles, and slogans are generally not registrable as copyrights at all, and if that is what you want to protect, the trademark route is usually the right conversation. In a first meeting we sort out which works are worth registering now, who should be listed as owner, and whether anything in your catalog has an ownership gap that should be closed first.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

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We deliver coordinated and effective legal services to our clients, utilizing our extensive legal resources and experienced attorneys in our well-integrated global network. Through our Washington D.C. and New York offices, together with our alliance

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Our attorneys are experienced in both domestic and international matters and, with fluency in various languages, provide clear and consistent communication at every stage of your legal process.

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06 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

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(855) 529-7557

Washington, D.C.

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(855) 529-7557

Los Angeles

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(424) 561-7557

Attorney Advertising. This page is general information about copyright registration and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.