Copyright is a form of protection provided by the laws of the United States to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. The 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following: 

• reproduce the work in copies or recordings 

• prepare derivative works based upon the work 

• distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending 

• perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works 

• display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work 

• perform the work publicly (in the case of sound recordings) by means of a digital audio transmission

Copyright is secured automatically when the work is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright, but is not a condition of copyright protection. However, registration has several advantages:

• Registration establishes a public record of the copyright claim.

 

• Risitration is required before an infringement suit may be filed in court.

• If made  within five years of publication, registration will establish a presumption of  validity of the copyright. 

• If registration is made within three months after publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions.

• Registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies.

The Copyright Registration Process: