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COPYRIGHT REGISTRATION PROCEDURES
(January, 2001)

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Published and unpublished works can be registered.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 Registration of unpublished works is a more subjective decision because it will depend upon how widely the copyright owner will distribute the unpublished work, the value of the work, and the likelihood that someone will copy it. However, if the copyright owner has any doubts about registering an unpublished work, then to allay any fears and because the registration process is relatively simple and inexpensive the copyright owner should register the unpublished work.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 For example, the TX form is used for published and unpublished non-dramatic literary works such as books and computer programs, the PA form is used for published and unpublished works that will be performed before an audience such as plays and screenplays, the SE form is used to register serial publications such as magazines,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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