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Most Frequently Asked
Copyright Questions
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* ("Frequently Asked Questions" U.S. Copyright Office Online download
OLDL**1.28.98**)
The Copyright Office cannot provide free written
information about the status of applications that have been in the Copyright
Office less than six months (8 months in the case of Visual Arts claims).
If you must have this information confirmed in writing, contact the
Certifications and Documents Section at (202) 707-6787, which can provide
the information upon payment of applicable fees.
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A copyright registration is effective on the
date it is received in the Copyright Office with all of the required
elements in acceptable form, (application, fee, and deposit) regardless
of the length of time it takes to process the application and mail the
certificate of registration. You do NOT have to receive your certificate
before you publish or produce your work, nor do you need permission
from the Copyright Office to place a notice of copyright on your material.
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You will not receive an acknowledgment that
your copyright registration has been received, but you may expect within
6 months* (8 months in the case of Visual Arts claims):
- a certificate of registration to indicate the work has been registered;
- a letter or telephone call from a copyright examiner if further
information is needed; or
- if the application cannot be accepted, a letter explaining why it
has been rejected.
*Note: The time the Copyright Office
requires to process an application varies, depending on the amount of
material the office is receiving.
If you want to know when the Copyright Office
receives your material, you can send it by registered or certified mail
and request a return receipt from the Postal Service. You should allow
at least 4-6 weeks for the return of your receipt.
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Please use the following address when sending
the Copyright Office mail:
Library of Congress
Copyright Office
101 Independence Ave.,SE
Washington, D.C. 20559-6000
Include your daytime telephone number, email
address, and fax number (if available). Make certain that you send your
nonrefundable filing fee, your completed application form, and your
nonreturnable deposit (copies, phonorecords or identifying material)
in the same package.
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You may wish to subscribe to U.S. Copyright
Office NewsNet, a free electronic mailing list originating from the
Copyright Office. NewsNet, issues periodic email messages to alert subscribers
to hearings, deadlines for comments, new and proposed regulations, new
publications, and other copyright-related subjects of interest. NewsNet,
is not an interactive discussion group. To subscribe send a message
to: LISTSERV@RS8.LOC.GOV In the body of the message, say: SUBSCRIBE
USCOPYRIGHT. You will receive a standard welcoming message indicating
that your subscription to U.S. Copyright Office NewsNet has been accepted.
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If your online service provider supports Telnet,
you may view on the Internet the official record of your copyright registrations
that have been made since Jan. 1, 1978. Connect to the Copyright Office
Website at www.loc.gov/copyright, click on Copyright Office Records,”
and follow the instructions. The Telnet address is telnet://locis.loc.gov.
It may take 6-12 months after submission for
your registration to appear in these permanent files.
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If you want to know when the Copyright Office
receives your material, you should send it by registered or certified
mail and request a return receipt from the post office. Allow at least
five weeks for the return of your receipt.
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Can you provide me with copies of my application
and my work?
Contact the Certifications and Documents Section
of the Copyright Office (202) 707-6787 or see Circular
6, "Access to and Copies of Copyright Office Records and Deposits"
for details.
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The Copyright Office will not honor a request
for a copy of someone else's work without written authorization from
the owner or from his or her designated agent if that work is still
under copyright protection, unless the work is involved in litigation.
Written permission from the copyright owner or a litigation statement
is required before copies can be made available. A certificate of registration
for any registered work can be obtained for a fee of $25*
See Circular
6, "Copies of Copyright Office Records and Deposits" for additional
information. (*Note: Filing fees are effective through June 30,
2002. Please visit www.loc.gov/copyright for fee information after that
date).
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I lost my certificate; can I get a new one?
Yes, we (the Copyright Office) can produce
additional certificates for a fee of $25*. See Circular
6, "Access to and Copies of Copyright Office Records and Deposits"
for details on how to make such a request. (*Note: Filing fees
are effective through June 30, 2002. Please visit www.loc.gov/copyright
for fee information after that date).
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Do you have a list of songs or movies in the public domain?
No, we (the Copyright Office) neither compile
nor maintain such a list. A search of our records, however, may reveal
whether a particular work has fallen into the public domain. We (the
Copyright Office) will conduct a search of our records by the title
of a work, an author's name, or a claimant's name. The search fee is
$65* per hour. You may also search the records in person without
paying a fee. (*Note: Filing fees are effective through June
30, 2002. Please visit www.loc.gov/copyright for fee information after
that date).
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What is Mandatory Deposit?
Copies of all works under copyright protection
that have been published in the United States are required to
be deposited with the Copyright Office within three months of the date
of first publication. For more information, see Circular
7d, "Mandatory Deposit of Copies or Phonorecords for the Library
of Congress" and the Deposit Regulation 96 202.19.
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Can I find out what is happening with my registration?
Copyright registration is effective on the
day we (the Copyright Office) receive the appropriate form, copy or
copies of the work and the $30* filing fee. The current processing
time is about five months. Generally, a certificate of registration
or, in the event we need further information, a letter or telephone
call from our office, will be received during this time period. We are
not able to provide status information for submissions that were received
less than five months ago. If it is imperative that you have this information
sooner, you may pay the appropriate fees and request that the Certifications
and Documents Section conduct an in-process search. The current in-process
search fee is $65* per hour. (*Note: Filing fees are effective
through June 30, 2002. Please visit www.loc.gov/copyright for fee information
after that date).
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Do I have to renew my copyright?
No. Works created on or after January 1, 1978,
are not subject to renewal registration (see Circular
15).
As to works published or registered prior to January 1, 1978, renewal
registration is optional after 28 years but does provide certain legal
advantages. For information on how to file a renewal application as
well as the legal benefit for doing so, see Circular
15, Renewal of Copyright" and request 
Circular 15a, "Duration of Copyright".
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Can I submit my manuscript on a computer disk?
No. There are many different software formats
and the Copyright Office does not have the equipment to accommodate
all of them. Therefore, the Copyright Office still generally requires
a printed copy or audio recording of the work for deposit.
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Can I submit a CD-ROM of my work?
Yes, you may. The deposit requirement consists
of the best edition of the CD-ROM package of any work, including the
accompanying operating software, instruction manual and a printed version,
if included in the package.
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How do I protect my recipe?
A mere listing of ingredients is not protected
under copyright law. However, where a recipe or formula is accompanied
by substantial literary expression in the form of an explanation or
directions, or when there is a collection of recipes as in a cookbook,
there may be a basis for copyright protection. See FL
122, "Recipes."
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Can I register a diary I found in my grandmother's attic?
You can register copyright in the diary only
if you are the transferee (by will, by inheritance). Copyright is the
right of the author of the work or the author's heirs or assignees,
not of the one who only owns or possesses the physical work itself.
Also see the section "Who Can Claim Copyright" in Circular
1, Copyright Basics."
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Can foreigners register their works in the U.S.?
Any work that is protected by U.S. copyright
law can be registered. This includes many works of foreign origin. All
works that are unpublished, regardless of the nationality of the author,
are protected in the United States. Works that are first published in
the United States or in a country with which we have a copyright treaty
or that are created by a citizen or domiciliary of a country with which
we have a copyright treaty are also protected and may therefore be registered
with the U.S. Copyright Office. Request Circular 38a, "International Copyright Relations of
the United States" for the status of specific countries.
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Can a minor claim copyright?
Minors may claim copyright, and the Copyright
Office does issue registrations to minors, but state laws may regulate
the business dealings involving copyrights owned by minors. For information
on relevant state laws, consult an attorney.
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Do I have to use my real name on the form? Can I use a stage name
or a pen name?
There is no legal requirement that the author
be identified by his or her real name on the application form. See FL
101, "Pseudonyms" for more information. If filing under a fictitious
name, check the "Pseudonymous" box at space 2 of the application form.
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Are copyrights transferable?
Yes. Like any other property, all or part
of the rights in a work may be transferred by the owner to another.
For more information see the "Transfer of Copyright" section of Circular
1 for a discussion of ownership
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Do you have any forms for transfer of copyrights?
There are no forms provided by the Copyright
Office to effect a copyright transfer. The Office does, however, keep
records of transfers if they are submitted to us. If you have executed
a transfer and wish to record it, the Copyright Office can provide a
Document Cover Sheet, which can help to expedite the processing of the
recordation. Request Circular 12, "Recordation of Transfers & Other Documents"
for more information.
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Can I copyright the name of my band?
No. Names are not protected by copyright law.
Some names may be protected under trademark law. Contact the U.S. Patent
& Trademark Office at (800) 786-9199, for further information.
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How much of someone else's work can I use without getting permission?
Under the fair use doctrine of the U.S. copyright
statute, it is permissible to use limited portions of a work including
quotes, for purposes such as commentary, criticism, news reporting,
and scholarly reports. There are no legal rules permitting the use of
specific number of words counts, a certain number of musical notes,
or percentages of a work. Whether a particular use qualifies as fair
use depends on all the circumstances. See FL
102, "Fair Use" and request Circular 21,"Reproductions of Copyr. Works by Educators
and Librarians"
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How much do I have to change in my own work to make a new claim of
copyright?
You may make a new claim in your work if the
changes are substantial and creative -- something more than just editorial
changes or minor changes. This would qualify it as a new, derivative
work. For instance, simply making spelling corrections throughout a
work does not warrant a new registration: Adding an additional chapter
would. See Circular
14, "Registration of Derivative Works" for additional information.
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How much do I have to change in order to claim copyright in someone
else's work?
Only the owner of copyright in a work has
the right to prepare, or to authorize someone else to create, a new
version of that work. Accordingly, you cannot claim copy- right, no
matter how much you change it, unless you have the owner's consent.
See Circular
14, "Registration of Derivative Works" for additional information.
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How do I get my work into the Library of Congress?
Copies of works deposited for copyright registration
or in fulfillment of the mandatory deposit requirement are available
to the Library of Congress for its collections. The Library reserves
the right to select or reject any published work for its permanent collections
based on the research needs of Congress, the nation's scholars, and
of the nation's libraries. If you would like further information on
the Library's selection policies, you may write to the:
* Library of Congress, Collections Policy Office
101 Independence Avenue, S.E.,
Washington, D.C. 20540.
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What is a Library of Congress number?
The Library of Congress Card Catalog Number
is assigned by the Library at its discretion to assist librarians in
acquiring and cataloging works. For more information call the Cataloging
in Publication Division at (202) 707-6345.
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What is an ISBN number?
The International Standard Book Number is
administered by the R. R. Bowker Company (908) 665-6770.
The ISBN is a numerical identifier intended to assist the international
community in identifying and ordering certain publications.
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How do I collect royalties?
The collection of royalties is usually a matter
of private arrangements between an author and publisher or other users
of the author's work. The Copyright Office plays no role in the execution
of contractual terms or business practices. There are performing societies
and other collective right societies that distribute royalties for their
members.
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Somebody infringed my copyright. What can I do?
A party may seek to protect his or her copyrights
against unauthorized use by filing a civil lawsuit in Federal district
court. If you believe that your copyright has been infringed, consult
an attorney. In cases of willful infringement for profit, the U.S. Attorney
may initiate a criminal investigation.
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Is my copyright good in other countries?
The United States has copyright relations
with more than 100 countries throughout the world, and as a result of
these agreements, we honor each other's citizens' copyrights. However,
the United States does not have such copyright relationships with every
country.
For a listing of countries and the nature of their copyright relations
with the United States, request Circular 38a, "International Copyright Relations of
the United States."
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How do I get permission to use somebody else's work?
You can ask for it. If you know who the copyright
owner is, you may contact the owner directly. If you are not certain
about the ownership or have other related questions, you may wish to
request that the Copyright Office conduct a search of its records for
a fee of $65* per hour. For additional information, request
Circular 22, "How to Investigate the Copyright Status
of a Work."
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Could I be sued for using somebody else's work? How about quotes or
samples?
If you use a copyrighted work without authorization,
the owner may be entitled to bring an infringement action against you.
There are circumstances under the fair use doctrine where a quote or
a sample may be used without permission. However, in cases of doubt,
the Copyright Office recommends that permission be obtained.
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