How to Apply for a Copyright Online

How to apply for a copyright online

When you register a copyright, you can sue others for copyright infringement if they take and use your intellectual property without permission. The process of registering and applying for a copyright online is straightforward.

Follow these steps to apply for a copyright online.

1. Ensure your work is eligible for copyright.

Not everything can be copyrighted, and it’s easy to get confused about the difference between a copyright and a patent. Copyrights protect creative work and media, such as books, music and software. In contrast, patents protect inventions, processes and manufactured objects, such as scientific devices and unique products.

The following categories are allowed protection under copyright law:

• Literary works: Literary works include fiction and nonfiction novels, short stories, poems, essays, articles, advertisements, catalogs and speeches. Under copyright law, computer programs are also considered literary works.
• Musical works: An entire musical composition — including the notes and associated lyrics — is protected under copyright law.
• Dramatic works: Dramatic works of theater — including plays, operas, scripts and screenplays, as well as all associated music — are protected under copyright law.
• Pantomimes and choreographic works: Choreography is protected under copyright law, but popular dance steps are considered in the public domain.
• Visual artistic works: Copyright law covers many visual artistic works, including sketches, drawings, paintings, photos, maps, charts, sculptures, jewelry, models and tapestries.
• Motion pictures and other audiovisual works: Movies, short films and videos are eligible for copyright.
• Sound recordings: Audio recordings — including music, voice effects and sound effects — are eligible for copyright protection. Additionally, the person who recorded them may copyright natural sounds and animal noises.
• Compilations: A collection of copyrighted materials can be copyrighted as a whole. However, a compilation’s copyright does not extend to the individual works included in the compilation; the compilation as a whole is protected.
• Derivative works: Derivative works — works based on another copyrighted work but altered by some element of creativity — are eligible for copyright protection.
• Architectural works: Under the Architectural Works Copyright Protection Act of 1990, entire buildings, not just architectural plans, can be copyrighted.
• Digital content: Software, mobile apps and video games can be copyrighted. In addition, original work used or distributed online — including websites, blogs, databases and social media posts — may be copyrighted.

If you’re unsure if a work is eligible for copyright, visit the U.S. Copyright Office’s Copyright Basics resource.

2. Gather everything needed for your copyright application.

It’s best to have everything handy before you start your online copyright application. Consider the following requirements:

• Payment requirements: Ensure that you have the means to pay the filing and registration fees. The Copyright Office accepts credit cards, debit cards and electronic checks. (We’ll explain more about the specific costs below.)
• Copies of the work you’re registering: You must submit a copy (or copies) of the work you’re registering. If you’re filing online, ensure that a digital file is ready to attach. (If you’re submitting a hard copy, make sure you can access a printer for the shipping label.)
• Formatting and submission requirements: Your work must be in the correct format as required by the Copyright Office. For certain types of works (e.g., books or software), you may need to submit multiple copies. Check the Copyright Office’s Registering a Work resource to learn about acceptable submission formats for various types of works.
• Device preparation: Before you start the online application, turn off your browser’s pop-up blocker and any third-party toolbars; the government website recommends using Firefox.

3. Create an account on the U.S. Copyright Office website.

Here’s how to create your account with the Copyright Office so you can prepare your application:

1. Visit the Copyright Office website and select Register Your Works.
2. Select Log in to the Electronic Copyright Office (eCO) Registration System.
3. In the login box, select If you are a new user, click here to register.
4. Enter your account information as prompted (User ID, password, address, etc.), and select Finish to complete your registration.

4. Choose the correct copyright application type.

After creating your account, you can begin the application process. However, it’s important to select the correct application type. Most works will proceed with the Standard Application.

The Standard Application may be used to register most works, including those by one author, joint works, works made for hire, derivative works, collective works and compilations. However, there are other application types, including the following:

• Register a group of certain published works
• Register a group of photographs
• Register a group of unpublished works
• Register one work by one author (the work was created by one person, and the author is the only claimant)
• Correct or supplement an existing registration

You can select any of these options to view the criteria and see if you meet the requirements.

5. Complete your online copyright application.

Next, you’ll finish your application: 

1. Assuming you selected the Standard Application, you’ll be presented with a registration overview to help you verify that your work is eligible. If it is, select Start Registration.
2. Complete the rest of the application, including the type of work you’re copyrighting and the details about the authors, claimants, publication and completion dates. The application is very straightforward and easy to complete.
3. At the end of the application, select Add to Cart.

6. Pay for your copyright submission.

You’ll see a summary of your copyright in your shopping cart. It costs $65 to submit a Standard Application. If you qualify for a simplified application — where a single author is the sole claimant of a single work — the fee is $45. (This was previously known as the “Single Application.”) You can pay via credit or debit card or ACH transfer (electronic check).

Paper filing costs $125. You can request copies of the forms via the website. See the U.S. Copyright Office fee schedule for a complete list of registration and service fees.

7. Submit your work.

After you complete your copyright application and make your payment, it’s time to submit your work. You can do this digitally or via mail.

• Digital submissions: Upload your work via the eCO system, ensuring your file is in the appropriate format. The system will confirm your submission, and you’ll receive an email verification.
• Mailed submissions: If you’re submitting a physical copy of your work, print the provided shipping label, attach it to your package and send it to the U.S. Copyright Office. Ensure that you follow all guidelines and specifications, including the required time frames, for mailed submissions.

Once your work is submitted, the Copyright Office will begin processing your application. You can monitor the status of your application online through your eCO account.

The benefits of copyright registration

Copyright registration protects your unique creations and brings the following benefits:

• Copyright registration allows you to bring an infringement action. By registering your copyright, you can file a business lawsuit to protect your intellectual property in federal court. You must file for copyright registration before you can bring a copyright lawsuit. Because of the hefty penalties for copyright infringement, notifying the public that you have a registered copyright can also act as a powerful deterrent to would-be thieves.
• Copyright registration provides evidence of validity. Registering a copyright provides evidence that you truly hold the rights to a given piece of intellectual property. Filing your registration before or within five years of publishing your work will help you if you must bring a copyright infringement lawsuit to court. Kristin Grant, managing attorney at Grant Attorneys at Law, said applying for a copyright within three months of publication is ideal to ensure legal protection. “With a few exceptions, applying within this time frame would provide the copyright with an entitlement to seek statutory damages,” Grant said.
• Copyright registration lets you claim statutory damages and attorneys’ fees. If you win your copyright infringement case, the judge can order the other party to pay statutory damages, as well as your attorneys’ fees, if your copyright has been registered. “Statutory damages are damages set by statute and generally range from $750 to $30,000 per work but may go as high as $150,000 per work where an infringement is deemed willful,” Grant explained. “Statutory damages could be beneficial in situations where actual damages are tricky to calculate.”
• Copyright registration creates a public record. Copyright registration notifies the world that your work is copyrighted and that you own the copyright.
• Copyright registration satisfies deposit requirements. When you create something that you want copyrighted, the Copyright Act requires you to submit two copies of it to the Library of Congress within three months of the work being published. When you register a copyright, the Copyright Office handles this for you.
• Copyright registration protects against the importation of infringing works. The United States has agreements with many other countries (but not all) regarding copyright protection. If a foreign person or entity infringes on your registered copyright and tries to import these items into the U.S., U.S. Customs and Border Protection personnel can seize and detain them.

Jennifer Dublino contributed to this article.