Los Angeles Copyright Registration Lawyers

Experienced Los Angeles Intellectual Property Attorneys Help Clients Protect Their Copyright in Creative Works

Copyright is one of the main three forms of intellectual property protection recognized in US law and business, along with trademarks and patents. Copyright protects creative works that are “fixed in a tangible medium of expression.” 

Copyright attaches when a work is fixed in its tangible medium, not when copyright registration is filed. Registering for copyright protection, however, offers several benefits to creators. 

For answers to your questions or help to register your copyright with the US Copyright Office, speak to an experienced copyright registration lawyer today. The team at Cohen IP can help. 

How to Register Copyright in the United States

Most people in the US register their copyright online via the United States Copyright Office’s Registration Portal. The Registration Portal offers step-by-step instructions on registering many different types of creative works, including literary works, performing and digital arts, photographs, motion pictures, and other digital content. 

Generally speaking, registering a copyright with the US Copyright Office involves three basic steps:

1. Complete the application form,
2. Pay the filing fee, and
3. Deposit a copy of the work. 

While forms can be filed either on paper or online, electronic filing offers a few additional benefits. These include a lower filing fee, faster processing times, and the ability to track the status of your application electronically. Online filing also allows creators to upload their work as electronic files – a faster submission process that prevents a copy of a work from being lost or delayed in the mail. 

There are benefits to filing your copyright promptly – either within three months of publication of the work or before any potential infringement occurs. The US Copyright Office will still accept applications filed more than three months after publication, however, as long as the application itself is complete and complies with applicable law. 

Why Register With the US Copyright Office?

Copyright protection includes several rights. The copyright holder in a work can limit others from using the work, for example. 

Registration makes it easier to protect these rights. For example, a creator can only file a lawsuit for copyright infringement if they have first registered the work with the US Copyright Office. 

Timely registration – within three months of publication or before infringement – also offers benefits. When a timely registration is filed, the copyright holder can seek statutory damages. Statutory damages are provided by law and are not related to the actual losses you may have suffered as a result of infringement. 

Without timely registration, a copyright holder can seek only actual damages and profits – the actual losses the copyright holder suffered and the actual profits the infringer made. These can be difficult and expensive to prove in court. 

For copyright holders who complete a timely registration and win their infringement case, US copyright law also allows the holder to recover attorney’s fees from the infringing party. Without a timely registration, however, the copyright holder may not seek attorney’s fees from the other party. 

Finally, registering your copyright proves that you are the author and owner of the registered work. The US Copyright Office maintains registrations in a publicly searchable database. When someone else searches for works like yours, your registration alerts the searcher that you hold the copyright to your work – which can deter infringement before it even occurs. 

Choose an Experienced Copyright Registration Lawyer

The US Copyright Office attempts to provide clear, complete instructions on its website. Filing for copyright registration, however, can be more challenging than these instructions indicate. 

When the Copyright Office receives an application, an examiner checks the application for completeness and compliance with US copyright law. The examiner may reject any application that doesn’t meet federal requirements. 

Common reasons the US Copyright Office rejects applications include:

• The application is not complete,
• The appropriate filing fee has not been paid in full,
• The applicant did not submit the correct deposit copy or copies, or
• The work is not fixed in a tangible medium of expression (for instance, the applicant seeks to register a mere idea or an ephemeral work like a dance that was never recorded). 

Several factors can delay the approval of a complete application as well. For example, the US Copyright Office estimates that claims that require correspondence from the Copyright Office require three months longer, on average, to approve than claims that do not. The Copyright Office may send correspondence to clarify some part of an application. A clear, complete, and thorough application that requires no correspondence will likely receive approval more quickly than an application that raises questions. 

The best way to ensure your application meets the examiner’s approval is to work with an experienced Los Angeles copyright registration attorney. Your lawyer can ensure your application meets all current registration requirements. Talk to the team at Cohen IP today for help registering your copyright.