Copyright arises automatically upon the creation of a ‘work’ that meets criteria of ‘originality and fixation’, meaning it must be both an ‘original’ work and recorded in a ‘tangible’ form (for example written down, recorded, or saved digitally). Copyright applies to original works of authorship, such as books, music, movies, software, photographs, and artwork. Wherein the source code for any software developed is protected under copyright law as a “literary work”.
No further action is required to establish the legal right, although some countries[1] like the US offer the possibility of registering copyright. This article explores the ‘whys’ and ‘wherefores’ of doing so and hopefully provides you with some practical tips, as well as some ‘do’s’ and ‘don’ts’.
Why Should I Register My Copyright?
Registering your copyright with the U.S. Copyright Office, or elsewhere, may provide additional legal benefits, including the following:
- Establishing a record of ownership.
- In the US, it is required to file a lawsuit for infringement.
- In the US, it allows eligibility for statutory damages and attorneys’ fees in court.
As mentioned above, in the United Kingdom, whilst there is no ‘official’ regime for the registration of copyright, the Writers’ Guild of Great Britain recommends The Script Vault which is a commercial service and provides a registration facility where copies of work can be lodged to establish ‘legal evidence’ with respect to any copyright claims[2].
There are also legal[3] requirements in the UK where a publisher must send a copy of a work to the British Library within a month of the work being published. The copy sent to the British Library must be of the same quality as the best copies published in the UK at the time. Wherein five further libraries, the Bodleian Library, the Cambridge University Library, the Library of Trinity College, Dublin, the National Library of Wales and the National Library of Scotland are not automatically entitled to be sent a copy of the printed works (they were prior to 2003). However, these five libraries have the right to send a publisher a request for a printed work within twelve months of the publication of the work.
Who Can Register Copyright?
In the UK, the owner is the first author of the work (and therefore legal owner) unless the work is ‘made by an employee in the course of employment’[4]. However, a work that is not created in the ‘normal course’ of employment will not automatically belong to the employer. Works created by third parties are also not automatically owned by the company, unless your agreement with the third party specifically states that the work transfers back to you, usually in response to payment to the third party – this is known as commissioning a ‘work for hire’ or ‘subcontracting’ a work.
To make a copyright registration in the US, you must also be the author, or owner of the work. In the US, the first owner of a copyright is also generally the creator or author of the original work, also with the exception again for works made for hire where the employer or commissioning party is considered the author and owner (again subject to the IP being properly transferred under the subcontract or work for hire agreement).
How Do I Apply?
To obtain copyright registration in the US, the following steps must be taken:
- Prepare the Application – You must submit:
- A completed application form (available online through the U.S. Electronic Copyright Office known as the eCO – link here).
- A copy of the work (physical or digital, depending on the type of work).
- The applicable filing fee.
- Submit the Application – You can file online[5] via the eCo using the link above or by mail[6].
- Review Process – The eCo reviews the application, which can take several months.
- Receive Registration – If approved, you’ll receive a certificate of registration, providing legal proof of ownership[7].
To Use the Script Vault Service, all the information you need can be found on the Script Vault Web Pages. Whether this service can be used for works other than scripts is unknown by the author and so if this is of interest to you, do reach out and we can contact Script Vault for you (otherwise feel free to contact them and so let us know what they say!). As mentioned previously, we are also not personally recommending this service over any other(s) – we just mention one is available.
How Much Does It Cost?
In the US, the cost for registering one work is generally very low, with fees as little as $45 to register online, up to $125 to register by mail. Registrations must be renewed, and the renewal fees vary on the age of the work. Multiple works can be put into one application and as the rules round this, and the fees amounts, do vary, we recommend you look up the latest information here, or contact us before preparing to deposit a sample of your work.
According to the Script Vault website “Copyright Registration of a single item for a period of 10 years starts from just £28. A one year/ten item subscription is just £50, so if you register 10 items with us it means this would only cost £5 per registration and the copyright registration period is still 10 years for each item. And if you’re a very prolific writer, we also offer a one year/unlimited item subscription for just £10 more which means you can register as many items as you want, and the copyright registration period gets extended to 25 years”. Though as before, prices change (and so do T’s and C’s) and se we recommend checking all details before engaging with commercial services such as these.
Can My Copyright Be Kept Confidential?
With regards to the US system, all works are published at registration, so no, it would not be possible to keep your work confidential. As it is, with regards to copyright infringement it needs to be shown that there is a causal link between the original work and the copying, so if your work is kept confidential and is still copied, then there has probably been some other breach involved, such as a contract or employment law breach and so then remedy is then available to you via other routes.
If a competitor or third party has independently created something very similar to your work and has had no access at all to your work, then this is not copyright infringement. Indeed, they may also have their own copyright in their independently created work.
What If I Make Changes To My Work, Code Or Design?
A completely new work is created when the modifications you make are significant, original, and go beyond simple editorial or minor adjustments. This new creation would then be considered a derivative work by the eCO[8]. For example, correcting spelling errors throughout a piece would not justify a new registration, whereas adding an additional chapter would.
As such, copyright registration services are probably not suitable for a perpetually modified work, such as piece of software code that is constantly being developed and re-developed, for example.
Like all our articles, the details we share are based on the information and learning we have at the time and shouldn’t be taken as legal advice. If some time has passed since publication, it’s a good idea to check with us to make sure everything’s still accurate. And if you have any questions or a specific situation you’d like to run by us, just reach out—we’d be happy to help!
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[1]In Canada, China and Kenya, copyrighted works can be registered at national offices.
[2] Please note we are not recommending you use Script Vault as a service (or any other such service) to do this, just explaining that the service exists, and the Writer’s Guild mentions the service on their website.
[3] Legal Deposit Libraries Act 2003 https://www.legislation.gov.uk/ukpga/2003/28/contents
[4] UK Copyright Act – https://www.legislation.gov.uk/ukpga/1988/48/contents
[5] However, if you file online, if the Library of Congress requires a hard-copy deposit of your work, you must send what the library defines as the “best edition” of your work.
[6] You must send the required copy or copies of the work to be registered. Your copies will not be returned.
[7] However, upon their deposit in the Copyright Office, all copies and identifying material, including those deposited in connection with claims that have been refused registration, are the property of the U.S. government.
[8] Se the eCo website here https://www.copyright.gov/help/faq/faq-register.html#change