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UNITED STATES COPYRIGHT OFFICE
Frequently Asked Questions
What is a copyright?
A copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published works and unpublished works.
What is the mission of the Copyright Office?
The Copyright Office promotes creativity by administering and sustaining an effective national copyright system. It is an office of record where claims to copyright are registered and documents relating to copyright are recorded. It is part of the Library of Congress. The Office furnishes information about its operations and practices, copyright law, and procedures for making registration, and reports on facts found in the Office's public records. The Office also administers various compulsory licensing provisions of the law, which include collecting royalties.
Additionally, the Copyright Office and the Library of Congress administer the Copyright Arbitration Royalty Panels, which meet for limited times for the purpose of adjusting rates and distributing royalties. The Copyright Office also advises and assists the Congress in the development of national and international copyright policy; participates in meetings with foreign governments and officials, including as a member of U.S. delegations; and conducts studies and programs regarding copyright-related matters.
Who heads the Copyright Office?
The Register of Copyrights directs the activities of the Copyright Office, which employs a staff of approximately 500. The Register frequently testifies before Congress and represents the interests of the United States at international meetings. The Register meets with copyright owners, industry and library representatives, bar associations, and other interested parties on copyright issues.
What public services does the Copyright Office offer?
Public service is an important part of the Copyright Office's mission. The Office annually processes more than a million works of authorship received as copyright deposits. Besides registering claims to copyright and recording documents, the Copyright Office assists the public with copyright-related questions. The Office responds to more than 340,000 inquiries annually received via correspondence and telephone or from walk-in visitors, most of whom visit the Copyright Public Information Office. The Office supplies, for a fee, additional certificates of registration and certified copies of Office records and will search for recorded documents and information on file in the Office and related to a particular work.
The Office publishes paper copy registration forms and informational brochures on copyright-related questions. It also maintains a popular website (www.loc.gov/copyright) that provides information and makes available brochures and forms.
In addition, Copyright Office staff members maintain an active public speaking schedule. They represent the Office at government and private sector meetings on copyright issues, and address meetings of organizations and bar associations.
Why are the copyright laws important?
The copyright law encourages the creation and public dissemination of works of authorship. It compensates creators for their efforts and their contributions to society. It also protects the investment of publishers and producers as well as promotes business activity. But authors' rights are not unlimited. The law includes many exceptions that reflect the public interest, such as
the fair use of a copyrighted work for research and performance of a work in a classroom.
Copyright-related industries- television programs, movies, business and entertainment software, books, music and sound recordings, and others - comprise one of the fastest growing sectors in the U.S. economy. From 1977 to 1997, employment in copyright-related industries grew at nearly three times the annual rate of the economy as a whole.
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Congress passed the first copyright law an May 31, 1790. The first copyright was obtained on June 9, 1790, by John Barry for The Philadelphia Spelling Book. Since 1790, over 29,131,000 claims to copyright hove been registered. The Copyright Office annually registers over 515,000 claims to copyright. The combined copyright industries in the United States add $500 billion annually to the U.S. Gross Domestic Product. They employ more than five million people. |
When does a copyright start?
An original work of authorship is protected by the copyright laws the moment it is created and fixed in a tangible medium of expression.
How long does a copyright last?
As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (title 17 of the United States Code available on the Copyright Office website at www.loc.gov/copyright). More information on the term of copyright can be found in Copyright Office Circular 15A, Duration of Copyright, and Circular 1, Copyright Basics.
| The Copyright Office annually processes nearly one million works of authorship received as copyright deposits. These include books, serials, music and sound recordings, graphics and photographs, multimedia works and motion pictures television broadcasts computer programs and others. The combined copyright industries in the United States add $500 billion annually to the U.S. Gross Domestic Product. They employ more than five million people. |
Why is registering my copyright important?
Timely registration of a copyright in the Copyright Office is important for several reasons.
How much does it cost to register a claim to copyright?
A basic claim to registration for a single work currently costs $30. Copyright Office fees are adjusted periodically. For current fee information, check the Copyright Office website at www.loc.gov/copyright, write the Copyright Office, or call (202) 707-3000.
How is a copyright different from a patent or a trademark?
Copyright protects original works of authorship, while a patent protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law although the way in which they are expressed may be. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.
Who owns the copyright if two or more authors collaborate in the creation of a work?
If two or more authors intend that their contributions will be merged into inseparable parts of a single work, then they are joint owners of the copyright in that work. For example, if Jack Smith and Mary Jones collaborate in writing a play, they would each be owners of the copyright for that play. That means that Jack may exploit the work without Mary's permission (and vice versa), but he must pay Mary her fair share of any income from the play.
If two or more authors contribute to a work without intending that their contributions be merged into inseparable parts of a single work, then each author owns the copyright in his or her respective contribution. For example, Susan and John work together to create a book for children. Susan writes the text, and John creates the artwork. Susan would own the copyright in her contribution, and John would own the copyright in his contribution. Susan would not need John's permission to reprint her text in a collection of works for children. John would not need Susan's permission to use his artwork on a poster.
In addition, registration records from 1870 through 1890 were bound by year in individual volumes that are available in the Copyright Office. From 1891 through 1978 the registration records from the Copyright Card Catalog were published in book format as the Catalog of Copyright Entries (CCE) and from 1979 through 1982 in microfiche format. The CCE is available in the Copyright Office and in federal depository libraries throughout the United States. Registration records from 1978 forward may be searched over the Internet at www.loc.gov/copyright/search. Prior to 1870, copyrights were registered in federal district courts. The Copyright Office holds microfilms of some of these records. The Office will search its records for a fee.
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A copyright deposit of a set of 52 three-inch CD-ROM discs holding interactive digital trading cards was recently added to the Library of Congress collections The discs contain video footage, sound, photos and career highlights of historic and contemporary sports figures from hockey, football, baseball, race car driving, and basketball. The Copyright Office has been a part of the Library of Congress since 1870 when Congress centralized the copyright system in the Library. The Copyright Office annually registers over 85,800 works of the visual arts |
There is no such thing as an international copyright. The extent to which U.S. works receive protection in a foreign country is determined by agreements between the United States and the foreign country and by the copyright law of the foreign country. The United States is a party to several multilateral agreements that establish copyright relations with well over 100 other countries. These agreements require each country to give U.S. works the same protection that they grant to their own domestic works. Additionally, by entering into bilateral agreements, the United States has established copyright relations with a number of countries that have not joined any of these multilateral agreements.
May a copyright owner transfer his or her ownership of the copyright to someone else?
Yes. Ownership of a copyright may be transferred, provided that it is done in writing and signed by the owner of the rights conveyed or the owner's duly authorized agent. Transfers of ownership may be recorded with the Copyright Office.
What is copyright infringement?
As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.
What can I do if someone infringes my copyright?
You may seek to protect your 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 with experience in copyright law.
Does the Copyright Office give legal advice?
No. The Copyright Office does not give legal opinions concerning the rights of persons in cases of alleged infringement, contracts, or the copyright status of any particular work other than the information shown in the records of the Office.
Does the Copyright Office maintain records of all copyright registrations?
The archives maintained by the Copyright Office are an important record of America's cultural and historical heritage. Containing approximately 45 million individual cards, the Copyright Card Catalog housed in the James Madison Memorial Building of the Library of Congress comprises an index of copyright registrations in the United States from 1870 through 1977. Together with post-1977 automated files, the Copyright Card Catalog records a large part of the literary, musical, artistic, and scientific production of the United States and of many foreign countries. The catalog is an important research supplement to the Main Catalog of the Library of Congress.
| © The "C in a circle" as a notice of copyright was first used on artwork in 1909. |
What is the public domain?
A work of authorship is in the "public domain" if it is no longer under copyright protection or if it failed to meet the requirements for copyright protection. A work in the public domain may be used freely without the permission of the former copyright owner.
Why is the Copyright Office in the Library of Congress?
Beginning in 1790, claims to copyright were recorded by Clerks of U.S. District Courts. In 1870, Congress passed a law that centralized the copyright system in the Library of Congress under the then Librarian of Congress, Ainsworth Rand Spofford, and required all authors to deposit in the Library two copies of every book, pamphlet, map, print, and piece of music registered in the United States.
Under current copyright law, when people register their claims to copyright, they generally send two copies of their work to the Copyright Office, and those copies are made available to the Library for its collections. The collections of the Library of Congress, particularly including works of American authors, have been created largely through the operation of the copyright system. The Copyright Office annually transfers to the Library nearly one million works, including books, serials, computer-related works, movies, music, sound recordings, maps, prints, dramatic works, and other items valued at more than $32,000,000.
Works not retained by the Library are available for use in the Library's domestic and foreign exchange programs, for transfer to Federal Government agencies, and for donation programs. The Copyright Office establishes a record of registration even if the registered work is not retained by the Library.
Copyright Public Information Office
(202) 707-3000
(202) 707-6737 (TTY)
Information specialists are on duty from 8:30 A.M. to 5:00 P.M., Monday through Friday, eastern time, except federal holidays to provide general information on copyright. The Office is located in the Library of Congress, James Madison Memorial Building, Room 401, 101 Independence Avenue, S.E., Washington, D.C., near the Capitol South Metro stop. Access for disabled individuals is at the front door on Independence Avenue, S.E.
Copyright Office Website
www.loc.gov/copyright
This popular public service makes available circulars, announcements, regulations, the copyright law, related material, and all copyright application forms. You may also search copyright registrations and recorded documents from 1978 to the present here.
Recorded Information
(202) 707-3000
Available 24 hours a day.
Forms and Publications Hotline
(202) 707-9100
Request the forms and circulars you want. Leave a recorded message 24 hours a day.
NewsNet
www.loc.gov/copyright
The Copyright Office provides a free electronic mailing list that issues periodic email messages on the subject of copyright. Subscribe using the fill-in form on the Office website.
Library of Congress
U.S. Copyright Office
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000
Cover: Walker Hancock sculpture of James Madison in Madison Hall, James Madison Memorial Building, Library of Congress, where the Copyright Office is located.
M-249: 2.2002
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