Copyright registration at the Library of Congress

The Library of Congress is the national library of the United States of America and the research arm of the U.S. Congress, which is the largest book depository by area and one of the world’s premier libraries.

Congress has a Copyright Office that has been at the forefront of American copyright law for more than 150 years. Part of the Library of Congress since 1870 and recognized by Congress as a separate department of the Library since 1897, the Copyright Office registers copyright applications, records copyright owner information, provides information to the public, and assists Congress and other authorities on a wide range of simple and complex copyright issues.

In other words, through its work, the Copyright Office seeks to help fulfill the constitutional purpose of copyright and to promote creativity and free expression for the benefit of all people.

Congress has delegated to the Copyright Office the authority to develop rules relating to many areas of copyright law. These rules provide the public with a well-functioning copyright system as a whole and help the Copyright Office’s systems run smoothly. These rules developed by the Copyright Office also cover a wide range of topics, including the conduct of private parties in areas related to the licensing of music or the circumvention of technological measures to protect copyrighted material, as well as rules governing the filing of documents with the Copyright Office, such as the various types of copyright applications, fees payable for Copyright Office services, filings related to statutory licenses, FOIA requests, and many others.

The Copyright Office works on a wide range of copyright issues with the courts and executive branch agencies, such as the Department of Justice, the Department of State, the Office of the U.S. Trade Representative, the Department of Commerce (including the U.S. Patent and Trademark Office), and the Office of the Coordinator for Intellectual Property Enforcement. The Copyright Office works with these government counterparts to provide critical analysis of domestic and international policy and advice, including by serving on U.S. delegations to international meetings and by advising the courts when important copyright issues arise in litigation.

How to successfully register a copyright?

      To successfully register a copyright with the Library of Congress, you should provide:

1) a completed special application form, a sample of which can be found on the Library’s website;

2) pay the state fee;

3) provide a copy of your work in the form of an electronic file and on a physical medium. There are no special requirements for the publication, binding, size, or format of works.

The automated electronic registration system simplifies this procedure, but do not take it for granted. In order for the application to be successfully registered, you must fill out the form without errors, as well as properly prepare and present the work itself.

You can become the owner of an international copyright in a work from the moment the Library of Congress notifies you of the receipt of the package of documents, regardless of how long it takes to process the application. It takes from several months to a year, because 500-600 thousand applications are submitted annually. At the same time, electronic applications are processed faster.

Regarding the cost: when registering online, it is $45 for a single application (i.e. one author, same applicant, one work) and $65 for a standard application (i.e. all other submissions); when registering in paper form, the cost is $125. We recommend filing an application in electronic form, as this has a number of advantages (reduced copyright registration fee and wider opportunities for payment, faster examination of the application, etc.), but there are cases when an application must be filed exclusively in paper form. Everything else is regulated by Circular No. 4, available on the official website of the Congress.  

   Advantages of copyright registration in the United States:

      – registration with the Customs Service prevents the export of unlicensed copies of a work abroad;

– the right to file a copyright claim arises only after its official registration (however, this does not apply to works published outside the United States);

– the ability to establish the territorial jurisdiction of a copyright case;

– the right to claim compensation up to $150,000, including court costs. If the copyright has not been registered, the court is limited to compensating only the actual damages proven.

       The copyright objects subject to registration include

– works of fine art: photographs (including selfies), drawings, paintings, jewelry, etc;

– literary works: short stories, novels, articles, poems, etc;

– Performing arts: music, plays, dances, etc;

– motion pictures: television shows, commercials, audiovisual works, etc;

– Digital content: computer programs, websites, blogs, etc.

Peculiarities of copyright registration in the USA

            1) Effectiveness of registration: copyright registration is effective from the moment of filing an application, not from the moment of its approval. This means that even if the application processing process takes some time, the author can enjoy certain rights granted by intellectual property law.

2) Protection in court: copyright registration gives  the right to file a lawsuit for copyright infringement in a US federal court. This can be important because federal courts have superior jurisdiction over such cases and can provide more effective protection.

3) Possibility of obtaining compensation: in case of proof of copyright infringement, the court may award compensation for damages or impose fines for infringement.

4) Duration of protection: copyright in the United States is valid for the life of the author, plus 70 years after his or her death. Registration does not affect this period, it only provides additional legal protections if necessary.

5) Publicity of information: after registration, copyright information is made publicly available, which makes it possible to check the status of rights to a particular work.

6) Possibility of accelerated registration: in case of urgent need for protection of rights, the author may apply for accelerated registration, but this requires special justification and an additional fee.

7) Restrictions on types of works: not all types of works can be registered in the US Congress. For example, ideas, concepts and facts are not subject to copyright protection, as well as some other types of materials that do not meet the requirements of the law.

Registering a copyright with the Library of Congress is an important step in protecting the rights of creators and ensuring their legitimate interests. This process allows authors to obtain additional legal remedies, such as the ability to file lawsuits for copyright infringement in U.S. federal courts. Registration also provides a public record of the rights to a work, which makes it easier to identify information about copyright owners. Although registration is not mandatory for obtaining copyright, it is recommended, especially if it is important for authors to protect their works from possible infringement and ensure their long-term protection.

We are ready to provide you with comprehensive support in the process of copyright registration with the Library of Congress. Please contact us to get professional advice and assistance in all matters related to the protection of your intellectual property.

copyright / intellectual property / Library of Congress / registration