Copyright Registration on the Web
It used to be that registering a copyright involved filling in a wad of forms, mailing the forms and the work you want to register off with a check... and waiting 8 or 9 months.
Now it involves struggling with a badly-designed web site, filling in online forms, uploading a zip file, paying by credit card and waiting 3 or 4 months. I exaggerate but a little. But... it is faster, easier and cheaper than the old way — the government now charges extra for hard copy registrations, to encourage people to register on line.
This is the web site -> www.copyright.gov (opens in new tab or window). Bookmark it.
Preparation
This web site in general, and this article in particular, deal with photography. So this "how to" is written with photographs in mind. That said, the process isn't that much different for other media.
Photographers can generate images at the rate of hundreds per day, so it's (financially) fortunate that you can include hundreds of photographs in a single registration. Here's the way to do it:
• Make copies of the images you want to register and put them in a separate directory (folder) on your hard drive.
• Images should be around 400 x 600 pixels at a high compression (low quality) setting — they just need to be recognizable.
• The images should then me archived into a single ZIP file — the ZIP file is what you'll upload.
• Keep published images separate from unpublished images: You can't include both published and unpublished images in the same copyright registration. (And published images must be registered within 90 days of publication.)
When you've got your ZIP archive made with all the images you want to register, it's usually most convenient to delete the original 400 x 600 JPEG files so only the ZIP file is left. Now you're almost ready to go to the copyright.gov web site.
What to Know Before Using the Web Site
It's a government web site. It's not very well designed. It's not very understandable or user-friendly. It's slow, has poor browser compatibility and generally sub-optimal design. But it does work. I've used it successfully many times.
Browser Issues
The Copyright web site works only with Firefox and Internet Explorer. Not Safari, not Chrome (they say Opera might work). If you're on a Mac the only version of Internet Explorer you have available is so old it's not worth using (Microsoft stopped supporting IE for Mac years ago), so you have to use Firefox. But Firefox really is the best browser available these days and it's a free download, so we all should be able to cope, even if we're not happy about it.
You must enable pop-ups in your browser.
You must disable any third-party toolbars (Google, Yahoo, Ask.com, etc) you have installed (you really shouldn't have installed any of these in the first place, IMHO).
Navigation Issues
You can't use the "back" button (or "forward" button) in any web browser in this web site. Appalling. One of the cardinal rules of web design is "never break the Back Button" — users depend on it. But the designers of the Copyright site broke the Back button. Be aware of this and keep away from that Back button!
The copyright web site also contains things that don't look like buttons or something you are supposed to click on but really are. And it contains things that do look like links or buttons that you should click on but aren't. And clickable links that don't do what you would think they do. Follow along — I'll point out the land mines as we go...
Starting Your Registration
The main Copyright Office page is shown at right. It contains lots of useful information, but to register a
copyright you have to click on the Electronic Copyright Office logo (which doesn't look like a link) to go to the
Electronic Copyright Office or "eCO".
The next screen (left) explains the benefits of online registration. One they don't mention:
When you register on line your copyright registration becomes effective the day you upload your work— through the mail, your registration
is dated on the day the Copyright Office receives your package in their mail room. Sooner is better!
There's another "button that doesn't look like a button" that you click to move on to the next page.
Next is a page explaining that everything on your application (name, address, phone, etc.) becomes part of the public record.
("Public Record" means anyone can get this information — you can't register a copyright and be anonymous.)
Click the "Continue to eCO" button (which actually does look like a button).
Now We Get Down to Business
First, register as a new user
Here's the next screen you'll come to. If you're a new user (and if you're reading this you probably are), click on "Click here to register" at the bottom of the left-hand column. It's basically no different than registering for any other web site. After this you enter your User ID and Password and proceed. People with existing accounts just log in with user ID and password.
The right side of the screen has disclaimers, notes and other items intended mainly to fill up what would otherwise be blank space.
Start a New Claim
This is the first real page where you have to do something. There are a lot of options, but the one you want is "Register a New Claim", as shown at right.
This takes you to a page, shown below, that outlines the three steps you need to take to complete the application.
In reality, there are many more than three steps:
Step 1 contains many steps itself.
You see those big, inviting links in the screenshot that show "Step 1", "Step 2", "Step 3"? Clicking on one of those doesn't take you to the step indicated! It launches a pop-up with an explanation of that step. You can view them if you like.
What you really need to do is click on the "Start Registration" graphic above them.
The 12 Steps of Step 1
You'll be coming back to a variation on this screen a lot. Note the table on the left side — it lists the sub-steps that comprise "Step 1" in the previous screen.
As you complete each part the table will check it off and you'll be moved on.
Type of Work
First you need to indicate what type of work you're registering: Literary work, motion picture, sound recording, visual art, etc., they're all listed in the main part of the page, but you select which one you're registering via the drop-down list box at the bottom of the page.
What if you're trying to register, say, a book that consists of of photography and text? It's perfectly OK to select "Work of the visual Arts" — your copyright will cover all the material. This categorization appears to be strictly nominal.
Then click the Continue button at the center of the upper part of the page. (The "Continue" button is usually how you progress from one step to the next.)
Title
Now you give a title to your registration. This is not (necessarily) the official title of your work – your registration can be a collection of unrelated works that doesn't have a collective title. Title, in this context, simply means a name to differentiate this registration from others. "Photographs, June 2010" would be typical.
Click "New *" and you'll get to a screen with two items to fill in...
The first box asks you for the "Title Type". This is a slightly weird option — just choose "Title of work being registered"
from the drop-down list.
Then write your title in the text box below. When you've done this, click the "Save" button and you'll go back to the previous screen
(above), but with the new information showing in the main table at the bottom, and click the "Continue" button at the top and proceed
to the next step.
Publication/Completion.
At this point you have to answer two questions: Has this work been published? In what year was this work completed?
If your work hasn't been published, select "No". If it has been published, select "Yes".
IMPORTANT: Copyright registration must be within 90 days after publication!
Putting work onto a public web site is generally considered to constitute publication.
When you enter Yes/No the screen will change and show you a text bot where you enter the year your work was completed.
Preregistration number can be ignored for the purposes of a basic registration like this.
Click the "Continue" button...
Authors
This is, obviously, for entering data about the creator of the work being registered. For our purposes it's assumed that
you are the author and the person claiming rights (you didn't buy rights
to a work created by someone else).
Since this is probably your first time doing this, you'll most likely need to click the "New" button, but after the first time you can click "Add Me" and all your saved data will be brought up.
You'll get a screen where you can enter your personal information. Unless this is work done for your employer you should select
No for the question "Is this author's contribution a work made for hire?" After filling in your name, etc. click "Save".
This brings up a screen that asks what the author's contribution to the work
has been. Check any/all of the appropriate boxes (text, photos, sculpture, etc.) to show what kind of material you've created and then click
"Save" again.
After these two steps you'll end up back on the Authors screen and there should be a new line in the table at the bottom with your name in the leftmost box. Click the "Continue" button at the top of the screen...
Claimants
The "Claimants" screen is almost identical to the "Authors" screen and works the same way.
We assumed that in the previous step that you are the author and the person claiming rights. This screen exists because the Copyright Office can't make that assumption — they frequently deal with people registering copyright for works they didn't create but have bought the rights to.
In this step you'll just add exactly the same information you entered for "Authors". Click "Add Me" (it will have all the data you entered the previous step) and step through like before.
When your name appears in the table at the bottom of the Claimants screen, click the "Continue" button at the top of the screen...
Limitation of Claim
This lets you specify parts of the work for which you are not registering copyright. For example, a book of your
photography for which someone else wrote the text (or vice-versa). Or the foreword for your book which was written by someone else.
Or there may be material of your own from an earlier work that you have already registered.
If there are any such elements in the work you are registering, specify them here. In most cases you won't have to do anything on this screen — just click "Continue"
Rights & Permissions Information (Optional)
Since we are covering just a simple copyright registration, you can ignore this optional section if you want.
If you licence your work through an agency or other representative authorized to act on your behalf, you can specify them here. Or you can enter your own contact information with the "Add Me" button.
Either way, click "Continue"...
Correspondent
This is the person the Copyright Office will contact if it has questions about this application. It's probably you! Click the "Add Me"
button or just fill in the information.
Mail Certificate
Where do you want your hard copy of the Certificate of Registration mailed?
This is self-explanatory: Give the Copyright Office the address where you want them to send the hard copy of your certificate of copyright registration.
As usual, clicking the "Add Me" button, followed by the "Continue" button usually suffices...
Special Handling, Certification, Review
Special Handling
$760.00! That's all you need to know about Special Handling! Unless you're embroiled in a lawsuit and need your paperwork to take to court next week don't select Special Handling. Ignore everything on this screen and click "Continue"
Certification
Check the box in certification, fill in your name where indicated. Tracking number and notes to the Copyright Office are optional.
Review Submission
Review is a huge screen (too big to show in its entirety here) that presents an overview of everything you've entered. The checklist on the left is also a navigation menu that allows you to go back if anything needs to be changed.
When you're certain everything is the way you want it click "Add to Cart" at the top of the screen.
Checkout
At this point you go to a "Checkout" Screen. You can add more services (generally, this means more registrations), but in most cases you'll want to simply click the Checkout button.
Shopping Cart
This screen shows you the basics of your "purchase" and offers you buttons to pay by either a Deposit Account or a Credit Card.
Generally, you'll want to click on "Credit Card"
You'll be warned that you'll be leaving the Copyright Office web site and being taken to a U.S. Treasury web site. Click OK.
Payment
At the Treasury web site you can enter in the information from either your checking account or your credit card. Fill in the appropriate data and click OK. At the next page be sure to check the "I authorize a charge..." box and click on "Submit Payment".
Then you'll find yourself back at the Copyright web site at the "Payment Successful" screen. Click "Continue"
File Upload
Click on the words "Upload Deposit". This will open the Upload Deposit pop-up window. Click Browse and navigate to the Zipped archive of the material you're registering. Type in a short description on the box provided. Then click "Submit Files to Copyright Office". You'll be asked if you want to continue. Click yes!
Your file(s) will upload while a status box shows you progress. When done, click the "Close Window" button.
Click the tiny word "Home" in the upper right-hand menu and you'll be back at your personal eCO home page with the status of your freshly-initiated application showing. You're done!
The preferred format for visual works is JPEG, but you can Zip a lot of JPEGs into a single file for ease of uploading. They don't have to be large (600 x 400 pixels is fine) or look great (high compression settings are recommended), just good enough to be identifiable by a judge when he bangs his gavel down and finds in your favor against a copyright infringer. The only limitation you have is that the Copyright site will time out after 30 minutes, so your file must be small enough to upload through your Internet connection is less than half an hour.
At that point, your registration is legally in force. It will take 3-4 months for the paperwork to arrive, but that's just a formality. You've registered your copyright!
Worried about someone stealing your work legally, even though you have copyright registered? Some people do. Find out more in the next section...
| End of this section | Next: Copyright Fear |