FANDOM


About copyright

Philosophy of copyright
Idea-expression divide

Intellectual Property (IP)

Copyright • History • Moral rights
Authors' rights • Attribution
Related rights • Enforcement
Registration • Royalties
Collecting • Orphan works
Public Lending Right
Copyright myths
Copyright term
Perpetual copyright
Rule of the shorter term

Copyright legislation

Copyright term by country
International copyright agreements
Berne Convention
Australia • Canada
United Kingdom • UK (1911)
United States • DMCA

Limitations and exceptions

Traditional knowledge
Public domain • Copyfraud
Fair use • Fair dealing
First-sale doctrine
Against perpetual copyright
Criticism of IP • Anti-copyright
Copyleft • Free Art License
Creative Commons

Copying

Copyright infringement
Counterfeiting • Plagiarism
Derivative work
Cento • Found poetry • Glosa
Erasure poetry • Cut-up technique
Flarf • Spoetry • Epigraph
Pastiche • Parody • Allusion
Best practice in fair use for poetry

More IP topics ...
This box: view · talk · edit
File:Copyright Card Catalog Files.jpg

The purpose of copyright registration is to place on record a verifiable account of the date and content of the work in question, so that in the event of a legal claim, or case of infringement or plagiarism, the copyright owner can produce a copy of the work from an official government source.

Before 1978, in the United States, federal copyright was generally secured by the act of publication with notice of copyright or by registration of an unpublished work.[1] This has now been largely superseded by international conventions, principally the Berne Convention, which provide rights harmonized at an international level without a requirement for national registration. However, the U.S. still provides legal advantages for registering works of U.S. origin.

Is registration required?Edit

It is a common misconception to confuse copyright registration with the granting of copyright.

Copyright is itself an automatic international right, governed by international conventions - principally the Berne Convention (which dates from 1886). This means that copyright exists whether a work is registered or not. When the US signed up to the Convention in 1989, the internal registration system was retained, but foreign works must now be treated as though already registered in the US in accordance with the Berne Convention.

Professor Lawrence Lessig, Representative Lofgren and others have suggested that countries impose registration requirements after the internal term of protection required by the Berne Convention.(Citation needed)

Where can work be registered?Edit

  • In Kenya, copyrighted works can be registered at the Kenya Copyrights Board for a small fee.
  • In the United Kingdom, commercial services provide a registration facility where copies of work can be lodged to establish legal evidence of a copyright claim. In the UK, there are also requirements to file certain published works with the British Library and, on request, the five legal deposit libraries.
  • In the United States, the United States Copyright Office accepts registrations. For works created in the US by US citizens, a registration is also required before an infringement suit may be filed in a US court. Furthermore, copyright holders cannot claim statutory damages or attorney's fees unless the work was registered prior to infringement, or within three months of publication.[2]

Finding copyright registrationsEdit

All United States copyright registrations and renewals registered since 1978 have been published online at the Copyright Office website. Registrations and renewals prior to 1978 [3] were published in semi-annual softcover Copyright Catalogs. For films from 1894 to 1969, inclusive, Library of Congress published hardcover Cumulative Copyright Catalogs, each covering ten or more years.

Please see the Copyright_Catalog article for links to download digital copies of these pre-1978 US catalogs.

Requirements by countryEdit

Copyright Registration by Country
Country Registration Agency (if any) Copyright registration requirements
Albania Albanian Author’s Right Office Voluntary.[4] Registration is acceptable in court as evidence of author's right.[5]
Antigua and Barbuda None Not required. No voluntary procedure available.[6]
Argentina Ministry of Justice, Security, and Human Rights Voluntary. Registration serves as presumption of authorship and date of creation.[7]
Australia None Not required. No voluntary procedure available.[8]
Brazil Various, depending on subject matter[9] Voluntary. Registration may help to provide evidence of authorship and which may aid in certifying precedence in the case of two similar works.[10]
Canada Canadian Intellectual Property Office Voluntary. Registration is evidence of ownership in an infringement case.[11]
China National Copyright Administration Voluntary. Recommended, especially for software.[12]
Denmark None Not required. No voluntary procedure available.[13]
Egypt None Not required. No voluntary procedure available.[14]
France Office of Literacy and Artistic Property Voluntary, may establish evidence of date of creation and a presumption of ownership.[15]
Germany None Not required. No voluntary procedure available.[16]
India Copyright Office Voluntary, establishes prima facie evidence of the facts contained on the registration certificate and may be used in court as proof of those facts.[17]
Israel None Not required. No voluntary procedure available.[18]
Jamaica None - The Intellectual Property Services Centre is a non-profit organization that provides private registration services and is recommended by the Jamaican Intellectual Property Office for that purpose[19] Not officially available, though voluntary registration through the Intellectual Property Services Centre provides rebuttable evidence of authorship and/or ownership. The Jamaican Intellectual Property Office officially recommends the practice of "poor man's copyright" to provide evidence of ownership and creation date.[19]
Japan Agency for Cultural Affairs Voluntary, establishes presumption of facts contained in registration for use in court.[20]
Kenya Kenya Copyright Board Voluntary, establishes prima facie evidence of the facts contained on the registration certificate and may be used in court as proof of those facts
Lithuania None Not required. No voluntary procedure available.[21]
Mexico National Copyrights Institute Voluntary, establishes prima facie evidence of ownership.[22]
Russian Federation Rospatent Voluntary registration available for computer programs and databases.[23]
Spain Ministry of Culture Voluntary, offers refutable presumption of copyright and ownership, but not required to file suit for infringement.[24]
Sweden None Not required. No voluntary procedure available.[25]
Turkey Ministry of Culture Required for cinematographic works and phonograms, voluntary for all other works. Registration may be used as evidence.[26]
Ukraine National Office of Intellectual Property Voluntary.[27]
United Kingdom None Not required. No voluntary procedure available.[28]
United States of America United States Copyright Office Not required to obtain copyright protection, but required for domestic copyright owners to bring a suit for copyright infringement in federal court. Not required for a federal court's subject-matter jurisdiction, however, as established through the Supreme Court decision in Reed Elsevier, Inc. v. Muchnick.[29][30] Registration establishes prima facie evidence of facts contained in registration certificate if made within five years of first publication. Copyright owners are precluded from collecting statutory damages and/or attorney's fees for any infringement occurring before registration.[31] Foreign copyright owners are not required to register before suing for copyright infringement, but at least one court has held that they are subject to the same preclusion of statutory damages as domestic authors.[32]

ReferencesEdit

NotesEdit

  1. Copyright Basics (Circular 1) p.3.
  2. Copyright Basics (Circular 1) p.7.
  3. Copyright and the Public Domain page 11-10; Stephen Fishman - Law Journal Press (2008); ISBN 9781588521514
  4. Template:DOClink
  5. Template:DOClink
  6. Copyright Act, 2003 (Antigua and Barbuda)
  7. Argentina - Benefits of Registration (Spanish)
  8. How You Get Copyright, Australian Copyright Council
  9. http://www.cultura.gov.br/site/2008/03/08/orgaos-de-registro-de-obras-intelectuais/
  10. Azevedo, Rodrigo. "Chap. 6: Brazil". In Silke von Lewinski. Copyright Throughout the World (December 2009 ed.). 
  11. CIPO - Registration of Copyright
  12. Ganea, Peter. "Chap. 8: People's Republic of China". In Silke von Lewinski. Copyright Throughout the World (December 2009 ed.). 
  13. Copyright, Act, 14/06/1995, No. 395 (Denmark)
  14. Makeen, Makeen. "Chap. 14: Egypt". In Silke von Lewinski. Copyright Throughout the World (December 2009 ed.). 
  15. Sirinelli, Pierre. "Chap. 15: France". In Silke von Lewinski. Copyright Throughout the World (December 2009 ed.). 
  16. Thum, Dorothy. "Chap. 16: Germany". In Silke von Lewinski. Copyright Throughout the World (December 2009 ed.). 
  17. Anand, Pravin; Reddy, Prashant. "Chap. 19: India". In Silke von Lewinski. Copyright Throughout the World (December 2009 ed.). 
  18. Greenman, Tony. "Chap. 20: Israel". In Silke von Lewinski. Copyright Throughout the World (December 2009 ed.). 
  19. 19.0 19.1 JIPO - Copyright and Related Rights
  20. Ueno, Tatsuhiro. "Chap. 22: Japan". In Silke von Lewinski. Copyright Throughout the World (December 2009 ed.). 
  21. Mizaras, Vytautas. "Chap. 24: Lithuania". In Silke von Lewinski. Copyright Throughout the World (December 2009 ed.). 
  22. Schmidt, Luis. "Chap. 25: Mexico". In Silke von Lewinski. Copyright Throughout the World (December 2009 ed.). 
  23. Savelieva, Irina. "Chap. 30: Russian Federation". In Silke von Lewinski. Copyright Throughout the World (December 2009 ed.). 
  24. Xalabarder, Raquel. "Chap. 35: Spain". In Silke von Lewinski. Copyright Throughout the World (December 2009 ed.). 
  25. Cederlund, Karin; Axhamn, Johan. "Chap. 36: Sweden". In Silke von Lewinski. Copyright Throughout the World (December 2009 ed.). 
  26. Nal, Temel. "Chap. 39: Turkey". In Silke von Lewinski. Copyright Throughout the World (December 2009 ed.). 
  27. The Law on Copyright and Related Rights
  28. Best, Hubert. "Chap. 40: United Kingdom". In Silke von Lewinski. Copyright Throughout the World (December 2009 ed.). 
  29. Elsevier, Inc. v. Muchnick Supreme Court Opinion
  30. "Trying to Curb "Drive-By Jurisdictional Rulings": Supreme Court Clarifies Purpose of Registration Requirement in Copyright Cases" by Moses Heyward
  31. 17 U.S.C. § 412
  32. Football Association Premier League Ltd. v. YouTube Inc., No. 07 Civ. 3582, (S.D.N.Y. July 3, 2009)

External linksEdit


This page uses Creative Commons Licensed content from Wikipedia. (view article). (view authors).
This page uses content from Wikinfo . The original article was at Wikinfo:Copyright registration.
The list of authors can be seen in the (view authors). page history. The text of this Wikinfo article is available under the GNU Free Documentation License and the Creative Commons Attribution-Share Alike 3.0 license.
{{2001

Ad blocker interference detected!


Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers

Wikia is not accessible if you’ve made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected.