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Copyrights


How are copyrights registered?



By 1886 the Berne Convention established the recognition of copyrights among sovereign nations. The works that are created by authors were given instant protection at the time of creation. Therefore there is no need to officially register or to apply for a copyright protection. The protection of the work is automatic once the form of expression is produced in a tangible form. Although registration of a copyright is not necessary, in some jurisdictions that provide for copyright registration, this provides for evidence that the work had been created at a particular time. This is so that the author of the work can seek statutory damages in the event of an unauthorized reproduction.

In the United States, the Library of Congress’ U.S. Copyright Offices handles all the registration of copyrights. Although registration is not required to exhibit copyright, the registration of the copyright has its advantages. Some advantages are: registration establishes a public record that the copyright was established, registration is required to proceed with any infringement lawsuit, registration within a certain time period will establish prima facie evidence in court as to the validity of the copyright and will subject the copyright owner to obtain court fees and statutory damages.

Publication of your copyright is no longer a defining factor in the protection of your copyright. Publication does serve its purpose in helping to defend a copyright infringement however. The U.S. Copyright office defines a publication as the distribution of the work to the public by way of sale, transfer of ownership, lease or rental. A public performance or display of work does not denote publication.

The filing fee to register a copyright with the U.S. Copyright offices depends on the nature of the filing and how it is filed. The filing fee for a standard filing of literary work is $134.

Although it is not completely necessary to file for a copyright. In doing so, you’re better prepared to protect your intellectual property from unlawful copying and reproduction of your work.

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