FEDERAL COPYRIGHT REGISTRATION

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Enforcement of copyright in federal court requires that the copyright must first be registered with the U.S. Copyright Office.

COPYRIGHT REGISTRATION SERVICES

What Is A Copyright?


A copyright is an ownership right that automatically vests when creating an original work of authorship – like a literary work, song, movie, or software. Your ownership rights include the right to reproduce the work, to prepare derivative works, to distribute copies, and to perform and display the work publicly. Additionally, copyrights may be secured on games, computer code, monuments, designs, sculptures, recipes, screenplays, and other photographic or video works. Our copyright attorneys provide copyright registration, maintenance, and enforcement services to protect and preserve your works. 


Why Register For A Copyright?


Although copyrights exist from the moment a work is reduced to tangible form, you must register your copyright with the U. S. Copyright Office before enforcing your rights through a lawsuit. 17 U.S.C. § 411 requires that any copyright claimant must have registered or preregistered their copyright with the U.S. Copyright Office before they can bring suit. Registered or not, copyrights will always confer the following exclusive rights to the copyright owner: (i) the right to reproduce the work and sell or otherwise distribute copies; (ii) the right to perform or display the work publicly; (iii) the right to prepare new works based on the protected work, called derivative works; and (iv) t he right to authorize others to exercise these exclusive rights through licensing agreements. For information on how to register a graphic design copyright, see our Requirements to Copyright a Graphic Design web page.


What Is Required For A Copyright Application?


An application for copyright registration is a straightforward process. It requires three things: (i) a completed application form, (ii) a nonrefundable filing fee, and (iii) a nonreturnable deposit of the work being "deposited' with the U.S. Copyright Office — that is, a copy or copies of the work being registered and "deposited" with the Copyright Office. Unless you are allowed to file multiple works in one application, you must submit a separate application, filing fee, and deposit for each work you want to register.  It is important that your copyright filing is accurate in the event litigation must occur to protect that copyright.  In order to avoid costly errors in the copyright filing process, our copyright attorneys work with clients to obtain the necessary information to file applications for registration properly. There are important considerations and information that must be included in all copyright applications, such as:

 

  • All Individual  Contributions to the Work;

 

  • Identify  All Work Made for Hire;

 

  • Is Author an Employee or Owner; 

 

  • Living or Deceased Author;

 

  • Identification of Prior Work within the Contribution; 

 

  • Any Assignment or Transfer of Copyright-able Interests;

 

  • Has the Work Already Published; and

 

  • Does the Work Contain Public Domain Materials?

 


When Is A Copyright Jointly Owned?


A copyright is jointly owned when two or more authors create original work together, intending to combine their contributions into an inseparable whole. Once inseparable, each is known as a "joint copyright owner." It is important that each joint owner's contribution to the work be material and individually copyrightable. Examples of work that are not copyright-able are (i) ideas, procedures, methods, systems, processes, concepts, principles, or discoveries; (ii) works that are not fixed in a tangible form (such as an unwritten or recorded choreographic work or improvisational speech); (ii) titles, names, short phrases, and slogans; (iv) familiar symbols or designs; (v) variations of typographic ornamentation, lettering, or coloring; and (vi) listings of ingredients or contents.


What Are The Rights Of Joint Copyright Owners?


A joint copyright owner's rights are identical to those of a single copyright owner.  For instance, each joint copyright owner can reproduce, perform, and distribute the work and create derivative works without permission from the other copyright holders. Unlike patents and absent a written agreement to the contrary, a joint copyright owner must share all profits from exploiting the copyrighted work with all other joint copyright owners. Our copyright attorneys can assist in your U.S. Copyright filings and provide you guidance on properly securing your software and other copyrights in and to  your  literary work, song, or movie.



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Additional Copyright Registration Focus 

What Is A Collective Copyright Work?


Collective copyright work is created when multiple authors contribute to a piece without creating an interdependent whole, such as periodicals or anthology.  Unlike a collaborative work, authors of a collective copyright work are not joint authors of the whole work and individuals retain their copyright ownership to their contributions.  Our copyright attorneys provide advice on copyright registration as well as the protection and enforcement of copyright rights. 


How To Mark A Registered Copyright?


A copyright owner can significantly enhance the protection afforded by copyright by filing that copyright with the U.S. Copyright Office. Once the U.S. Copyright Office has notified you that your work has registration, you should begin properly marking your creative works to put third parties on notice as to your copyright registration.  A copyright notice should contain the following:

 

  • The Word “Copyright”;

 

  • A “C” in a circle (©);   

 

  • Date of Publication; and 

 

  • The Author/Owner Name of All Copyrights in the Work.

 

For example, a copyright notice for a novel could be The History Of Mark Twain by Joseph Bates,  "Copyright © 2019 by Joseph Bates."


When Do Copyrights Enter The Public Domain? 


All works published in the United States before 1924 are in the public domain. Works published after 1923 but before 1978 are protected for 95 years from the date of first publication. Copyrights created after January 1, 1978, will last for the author's lifetime plus an additional 70 years.

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A person is holding a cell phone in front of a book titled artificial intelligence
By John Wilson February 19, 2025
Copyright and Translated Content: Who Owns the Creative Rights? Understanding Copyright Law and Translation Copyright law protects creative work and bestows sole authority over the work upon the creators. For example, the owner of the work of a novel has the right over the work under the concept of the right under the copyright. Courts have found that “the degree of protection afforded by the copyright is measured by what is actually copyrightable in the publication and not by the entire publication.” See, e.g., Dorsey v. Old Sur. Life Ins. Co., 98 F.2d 872, 873 (10th Cir. 1938) (emphasis added). For translations, the situation is not very clear. Translations involve creative judgments over word translation and not the translation of mere words. Hence the knowledge about the applicability of the concept of the right over the work is essential for establishing the right over the work. For example, a Court in the Northern District of California stated that: “ the determinative question is whether Plaintiff holds a valid copyright. ” Signo Trading Intern. Ltd. v. Gordon, 535 F. Supp. 362, 363 (N.D. Cal. 1981). The Signo Trading Court dismissed Plaintiff’s infringement claims because plaintiff did not have a valid copyright as a matter of law in the translations and transliterations at issue because they lacked the “requisite originality.” Id. at 365. Can Translation Be Considered a Creative Process? The Practice of Translating Translation goes beyond the replacement of one word by the equivalent word from the source text. Translating literary work, poetry, and fiction with deeper meanings beyond the surface text is a complex, artistic process. Translating books like The Iliad, for instance, requires the practice of artistic translation to translate the emotions, thoughts, and the culture correctly. Technical Translations and Legal Translations Conversely, technical writing and texts for the law need less creativity and instead value correctness over all else. These writing forms require strict adherence to the original sense, leaving very little room for artistic interpretation. Translations for these writing forms thus typically involve less creative contribution and less potential for the work being protected by copyright. Why Is Creativity Important for Translations for Copyright? Originality when translating For a work to be subject to copyright, some creativity, however slight, is essential. Even when the translation is taken from the work, the translation also includes some creative work by the translator. This creativity can make the translation subject to copyright. A derivative work must “recast, transform[], or adapt[]” a preexisting work and “consist[] of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship.” Id. In other words, it must change or alter the pre-existing work’s content and must itself be an original work of authorship. The Supreme Court stated that “ [t]he sine qua non of copyright is originality ” and that “ [t]o qualify for copyright protection, a work must be original to the author. ” Feist Publ’ns, Inc. v. Rural Tel. Serv. Co., Inc., 499 U.S. 340, 361 (1991) at 345. “Original, as the term is used in copyright, means only that the work was independently created by the author (as opposed to copied from other works), and that it possesses at least some minimal degree of creativity.” Id. (citing 1 M. Nimmer & D. Nimmer, Copyright §§ 2.01[A], [B] (1990)). In granting a Rule 12 motion to dismiss, the Signo Trading Court held that: " It is inconceivable that anyone could copyright a single word or a commonly used short phrase, in any language. It is also inconceivable that a valid copyright could be obtained for a phonetic spelling, using standard Roman letters, of such words or phrases. Although lists of words and translations of larger works may be copyrightable, Plaintiff cannot claim credit for any of the elements which make those things copyrightable. For these reasons, Plaintiff does not hold a valid copyright on the translations or transliterations ... " Signo Trading, 535 F. Supp. at 365. The Problem of the Derivative Work However, translations are generally "derivative works" - derived from the work of another. Because of this, the owner or author of the work is generally required to agree to the translation. Translations made illegally can be held under the classification of copyright violations, even when the translator has added creative elements. Who Has the Right over the Translated Work? Employer-Commissioned Translations Ownership of the copyright for the translation work varies. If the translation is commissioned by the owner of the original work, the owner will retain the right. Even when the translator adds creativity by passing over the original emotions and thoughts, the owner will not necessarily lose the right over the translation work. In some circumstances, the translation work can be accredited by the translator without them holding the right over the work. Independent Translations If a translation is performed independently by the translator, the translator can even be identified as the co-author of the translation. Nevertheless, the author typically has the underlying copyright, restricting the translator’s right over the work. Creative Translations from the Public Domain In certain cases, a translation may be creative enough to warrant its own copyright. For example, a translator adapting a classic work or a book in the public domain into modern language may introduce enough originality to qualify for copyright protection. However, direct, word-for-word translations are typically not considered original enough to receive new copyright protection. What About Machine Translations? The Human Creativity Copyright Requirement Machine-generated translations, including those produced by platforms like OpenAI , operate through advanced algorithms that replicate language patterns rather than capture the human touch. Unlike translations crafted by human translators who often infuse cultural insight and genuine emotion into the work, OpenAI's output is rooted in statistical patterns and data. Consequently, while these translations are impressively efficient and accurate, they typically fall short of the originality required for copyright protection. This distinction underscores the human creativity requirement needed to secure a valid copyright . Ultimately, although machine-generated translations serve as powerful tools, they do not offer the same legal and creative protections as those provided by human translators. The Bottom Line: Navigating Copyright in Translations Translations occupy the middle ground under the law of the copyright. Albeit the right of the original author generally has the right under the copyright, the right under the copyright can also be claimed by the translator provided the translation is creative enough. Central considerations here include the creativity the translator has added, the nature of the work being translated, and whether the work is under the public domain. These considerations establish the right of the owner under the copyright for the translation. Why Wilson Whitaker Rynell for Your Copyright Work? At Wilson Whitaker Rynell, our professional lawyers specialize in the practice of copyright law and copyright litigation , including the complex subject matter of translation work. We can provide you with advice about the ownership of your work under the provisions of the copyright, and protect your creative property. If you are the author, the publisher, or the translator, you can rely upon the advice from our firm. Copyright Translation FAQS
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