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The registration procedure is not
very time consuming, complex or costly but it does require that
the applicant take the time to correctly complete the appropriate
copyright registration form, pay a non- refundable fee that is presently
$30 for each copyright application, and send a deposit copy or copies
of the work to the Copyright Office. Once the Copyright Office has
approved the copyright registration application, the copyright owner
will receive a Certificate of Registration. The copyright registration
process usually takes from six months to one year, but in an emergency,
such as pending litigation, an expedited registration process that
requires special fees can be utilized.
Published and unpublished works
can be registered. As a general rule all published works that have
value should be immediately registered upon their publication. Registration
of unpublished works is a more subjective decision because it will
depend upon how widely the copyright owner will distribute the unpublished
work, the value of the work, and the likelihood that someone will
copy it. However, if the copyright owner has any doubts about registering
an unpublished work, then to allay any fears and because the registration
process is relatively simple and inexpensive the copyright owner
should register the unpublished work.
Copyright registration forms may
be obtained from the Copyright Office. The type of work being registered
will determine which copyright registration form is required. For
example, the TX form is used for published and unpublished non-dramatic
literary works such as books and computer programs, the PA form
is used for published and unpublished works that will be performed
before an audience such as plays and screenplays, the SE form is
used to register serial publications such as magazines, newspapers,
journals and newsletters, the VA form is used for registering pictorial,
graphic and sculptural works such as artwork and photographs, and
the SR form is used for sound recordings such as tapes and CDs.
The copyright owner may register
the copyrighted work on their own or they can employ the services
of a copyright attorney that handles copyright registration matters.
The guiding principle on how a particular copyright owner handles
the copyright registration procedure should be based on the cost
of registering the work but most importantly on insuring that the
registration is handled in a timely manner so the work is protected
from its date of publication. Should the copyright owner decide
to proceed on his own, read the instructions clearly to avoid what
may turn out to be a costly or deadly mistake. If you are unsure
about any particular aspect of the form, contact an attorney for
verification.
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DISCLAIMER:
This article has been prepared by Melissa C. Marsh for the
benefit of clients and friends. Although prepared by a professional,
this article should not be used as a substitute for legal
advice because your specific factual circumstances may differ,
the laws of your jurisdiction may differ, your specific
situation may require different advice, or the laws may
have changed. Readers should not act upon the information
contained in this article without first seeking the advice
of a local licensed and practicing attorney.
If you have questions
relating to this article, please call (323) 655-1002 or
email: mmarsh@yourlegalcorner.com.
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