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17 U.S.C. § 408 — Copyright registration in general

submitted 50 years ago by Pub. L. 94-553 to r/title-17-COPYRIGHTS · 1,020 words · no verdicts yet

in plain englishAI-generated · not legal advice

Copyright owners may register their copyright with the Copyright Office. Registration isn't required to have copyright protection, but it needs a deposit copy, application, and fee. The Register of Copyrights sets rules for deposits, corrections, and early registration of unpublished works.

(a) Registration permissive
At any point while a copyright is still active — whether it was secured before January 1, 1978, or on or after that date — the copyright owner, or the owner of any exclusive right in the work, may register the copyright claim. They do this by sending the Copyright Office the required deposit, plus the application and fee described in sections 409 and 708. Registering is optional: it is not required in order to have copyright protection.

(b) Deposit for copyright registration
Unless subsection (c) says otherwise, the deposit sent with a registration must include: (1) one complete copy or recording, for an unpublished work; (2) two complete copies or recordings of the best edition, for a published work; (3) one complete copy or recording as actually published, for a work first published outside the United States; and (4) one complete copy or recording of the best edition of the whole collective work, for a contribution to a collective work. Copies already deposited with the Library of Congress under section 407 can satisfy this deposit requirement too, if they come with the application, fee, and any extra identifying material the Register requires. The Register must also set rules letting copies the Library acquired some other way, under section 407(e), count toward this deposit requirement.

(c) Administrative classification and optional deposit
(1) The Register of Copyrights may, by regulation, sort works into administrative classes for deposit and registration purposes, and decide what kind of copies each class needs. The Register's regulations can require or allow: identifying material instead of full copies, only one copy where two would normally be needed, or a single registration covering a group of related works. This classification only affects deposit and registration procedure — it has no effect on what subject matter copyright protects or what exclusive rights an owner has. (2) The Register must also create regulations letting one registration cover a group of works by the same individual author, all first published as contributions to periodicals (including newspapers) within a twelve-month period, using a single deposit, application, and fee — but only if: (A) the deposit is one copy of the entire periodical issue, or entire newspaper section, in which each work first appeared; and (B) the application identifies each work separately, including which periodical it appeared in and its date of first publication. (3) Instead of filing separate renewal registrations under section 304(a), a single renewal registration may cover a group of works by the same individual author, all first published as contributions to periodicals, using one application and fee — but only if: (A) the same claimant or claimants, under the same basis, are renewing every work; (B) every work was copyrighted upon first publication, either through its own copyright notice and registration or through a general notice covering the whole periodical issue; (C) the renewal application and fee arrive between twenty-seven and twenty-eight years after December 31 of the year all the works were first published; and (D) the application identifies each work separately, including its periodical and date of first publication.

(d) Corrections and amplifications
The Register may set formal procedures, by regulation, for filing an application for "supplementary registration" — to correct an error in an existing copyright registration, or to add more information to it. This application must come with the section 708 fee and must clearly identify which registration it corrects or adds to. A supplementary registration adds to the information in the earlier registration; it does not replace it.

(e) Published edition of previously registered work
If a work was already registered while unpublished, its first published edition may also be registered — even if the published version is substantially the same as the unpublished one.

(f) Preregistration of works being prepared for commercial distribution
(1) Rulemaking. Within 180 days after this subsection's enactment, the Register of Copyrights had to issue regulations setting up procedures for "preregistering" a work that is being prepared for commercial distribution but has not yet been published. (2) Class of works. Those regulations only allow preregistration for works in a class that the Register determines has a history of being infringed before its authorized commercial release. (3) Application for registration. Within 3 months after a preregistered work is first published, the applicant must submit to the Copyright Office: (A) an application for registration of the work; (B) a deposit; and (C) the applicable fee. (4) Effect of untimely application. If a preregistered work is infringed no later than 2 months after its first publication, and the applicant fails to submit the items described in paragraph (3) in proper form by the earlier of — (A) 3 months after the work's first publication, or (B) 1 month after the copyright owner learns of the infringement — then any infringement lawsuit under this chapter for that work must be dismissed.

the actual law source: uscode.house.gov ↗public domain
(a)Registration Permissive.—

At any time during the subsistence of the first term of copyright in any published or unpublished work in which the copyright was secured before January 1, 1978, and during the subsistence of any copyright secured on or after that date, the owner of copyright or of any exclusive right in the work may obtain registration of the copyright claim by delivering to the Copyright Office the deposit specified by this section, together with the application and fee specified by sections 409 and 708. Such registration is not a condition of copyright protection.

(b)Deposit for Copyright Registration.—

Except as provided by subsection (c), the material deposited for registration shall include—

(1)

in the case of an unpublished work, one complete copy or phonorecord;

(2)

in the case of a published work, two complete copies or phonorecords of the best edition;

(3)

in the case of a work first published outside the United States, one complete copy or phonorecord as so published;

(4)

in the case of a contribution to a collective work, one complete copy or phonorecord of the best edition of the collective work.

Copies or phonorecords deposited for the Library of Congress under section 407 may be used to satisfy the deposit provisions of this section, if they are accompanied by the prescribed application and fee, and by any additional identifying material that the Register may, by regulation, require. The Register shall also prescribe regulations establishing requirements under which copies or phonorecords acquired for the Library of Congress under subsection (e) of section 407, otherwise than by deposit, may be used to satisfy the deposit provisions of this section.

(c)Administrative Classification and Optional Deposit.—
(1)

The Register of Copyrights is authorized to specify by regulation the administrative classes into which works are to be placed for purposes of deposit and registration, and the nature of the copies or phonorecords to be deposited in the various classes specified. The regulations may require or permit, for particular classes, the deposit of identifying material instead of copies or phonorecords, the deposit of only one copy or phonorecord where two would normally be required, or a single registration for a group of related works. This administrative classification of works has no significance with respect to the subject matter of copyright or the exclusive rights provided by this title.

(2)

Without prejudice to the general authority provided under clause (1), the Register of Copyrights shall establish regulations specifically permitting a single registration for a group of works by the same individual author, all first published as contributions to periodicals, including newspapers, within a twelve-month period, on the basis of a single deposit, application, and registration fee, under the following conditions:

(A)

if the deposit consists of one copy of the entire issue of the periodical, or of the entire section in the case of a newspaper, in which each contribution was first published; and

(B)

if the application identifies each work separately, including the periodical containing it and its date of first publication.

(3)

As an alternative to separate renewal registrations under subsection (a) of section 304, a single renewal registration may be made for a group of works by the same individual author, all first published as contributions to periodicals, including newspapers, upon the filing of a single application and fee, under all of the following conditions:

(A)

the renewal claimant or claimants, and the basis of claim or claims under section 304(a), is the same for each of the works; and

(B)

the works were all copyrighted upon their first publication, either through separate copyright notice and registration or by virtue of a general copyright notice in the periodical issue as a whole; and

(C)

the renewal application and fee are received not more than twenty-eight or less than twenty-seven years after the thirty-first day of December of the calendar year in which all of the works were first published; and

(D)

the renewal application identifies each work separately, including the periodical containing it and its date of first publication.

(d)Corrections and Amplifications.—

The Register may also establish, by regulation, formal procedures for the filing of an application for supplementary registration, to correct an error in a copyright registration or to amplify the information given in a registration. Such application shall be accompanied by the fee provided by section 708, and shall clearly identify the registration to be corrected or amplified. The information contained in a supplementary registration augments but does not supersede that contained in the earlier registration.

(e)Published Edition of Previously Registered Work.—

Registration for the first published edition of a work previously registered in unpublished form may be made even though the work as published is substantially the same as the unpublished version.

(f)Preregistration of Works Being Prepared for Commercial Distribution.—
(1)Rulemaking.—

Not later than 180 days after the date of enactment of this subsection, the Register of Copyrights shall issue regulations to establish procedures for preregistration of a work that is being prepared for commercial distribution and has not been published.

(2)Class of works.—

The regulations established under paragraph (1) shall permit preregistration for any work that is in a class of works that the Register determines has had a history of infringement prior to authorized commercial distribution.

(3)Application for registration.—

Not later than 3 months after the first publication of a work preregistered under this subsection, the applicant shall submit to the Copyright Office—

(A)

an application for registration of the work;

(B)

a deposit; and

(C)

the applicable fee.

(4)Effect of untimely application.—

An action under this chapter for infringement of a work preregistered under this subsection, in a case in which the infringement commenced no later than 2 months after the first publication of the work, shall be dismissed if the items described in paragraph (3) are not submitted to the Copyright Office in proper form within the earlier of—

(A)

3 months after the first publication of the work; or

(B)

1 month after the copyright owner has learned of the infringement.

Source credit: (Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2580; Pub. L. 100–568, § 9(a), Oct. 31, 1988, 102 Stat. 2859; Pub. L. 102–307, title I, § 102(e), June 26, 1992, 106 Stat. 266; Pub. L. 109–9, title I, § 104(a), Apr. 27, 2005, 119 Stat. 221.)

history & why it existsrecord from the source credit
  • 1976Enacted · Pub. L. 94-553 · 90 Stat. 2580
  • 1988Amended · Pub. L. 100-568 · 102 Stat. 2859
  • 1992Amended · Pub. L. 102-307 · 106 Stat. 266
  • 2005Amended · Pub. L. 109-9 · 119 Stat. 221

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-553 on 1976-10-19.

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