A copyright owner can take steps to enhance his or her copyright protections by registering a work with the Copyright Office of the US Government. A registration constitutes prima facie evidence of the validity of the copyright and the facts stated in the certificate of registration (such as the claimed work’s authorship, ownership, title, year of creation, and medium).

Registration is voluntary, but it is a “prerequisite to filing a lawsuit for copyright infringement involving a United States work”, according to Copyright Law 17 U.S.C. § 411(a). To claim statutory damages or attorney’s fees in a copyright infringement lawsuit, a work must be registered before the infringement began or within three months after the first publication of the work, according to Copyright Law 17 U.S.C. §§ 412(c), 504, 505.

What Can & Cannot Be Registered For Copyright?

From the US Copyright Office: “A work that is entirely typical, garden-variety, or devoid of even the slightest traces of creativity does not satisfy the originality requirement [of copyrightability]” and “There is nothing remotely creative about a work that merely reflects an age-old practice, firmly rooted in tradition and so commonplace that it has come to be expected as a matter of course. Likewise, a work does not possess the minimal creative spark required by the Copyright Act if the creator’s expression is obvious or practically inevitable.”

Often considered for copyright registration approval are literary works, motion pictures, other types of digital content, performing arts, and visual arts:

• Literary Works – Fiction, Non-Fiction, Poetry, Articles, Periodicals
• Motion Pictures – Movies, TV Shows, Video Games, Animation, Videos
• Other Digital Content – Computer Programs, Databases, Blogs, Websites
• Performing Arts – Music, Lyrics, Sound Recordings, Scripts, Stage Plays
• Visual Arts – Artwork, Illustrations, Jewelry, Fabrics, Architecture, Fine Art (Paintings & Sculptures), Graphic Art, Prints, Art Reproductions, Maps & Globes, Charts & Diagrams, Technical Drawings (including Architectural Plans), Models, Applied Art (the separable features of useful articles), Works Of Artistic Craftsmanship, Photographs (News Photos, Selfies, Wedding Photos, Family Photos)

The following are examples of works not subject to copyright and “applications for registration of such works cannot be entertained”, according to the US Copyright Office:

• Words & Short Phrases – Names, Titles, and Slogans; familiar Symbols or Designs; mere variations of typographic ornamentation, lettering or coloring; mere listing of ingredients or contents.
• Ideas, Plans, Methods, Systems, or Devices – As distinguished from the particular manner in which they are expressed or described in a writing.
• Blank Forms – Time Cards, Graph Paper, Account Books, Diaries, Bank Checks, Scorecards, Address Books, Report Forms, Order Forms and the like, which are designed for recording information and do not in themselves convey information.
• Works consisting entirely of information that is common property containing no original authorship – Standard Calendars, Height and Weight Charts, Tape Measures and Rulers, Schedules of Sporting Events, and Lists or tables taken from public documents or other common sources.
• Typeface – Typeface as typeface is not eligible for copyright registration.

The Copyright Registration Process

The excellent “Registration Process at a Glance” chart below was taken from “Overview of the Registration Process”, Ch 200, pg 19.

Thanks for reading!