Copyright Registration

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U.S. Copyright Office Circulars › U.S. Copyright Office, Circular 2

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Text

CIRCULAR

An application for copyright registration contains three

essential elements: a completed application form, a nonre

fundable filing fee, and a nonreturnable deposit—that is, a

copy or copies of the work being registered and “deposited”

with the Copyright Office. The Office will not review your

claim until it has received these three elements in compliance

with its regulations and policies.

This circular provides guidelines to help you make sure

you submit a complete, accurate copyright claim.1 Detailed

registration requirements can be found in the Compendium

of U.S. Copyright Office Practices.

A copyright application establishes the basic facts of a claim:

the title of the work, the author of the work, the name and

address of the claimant or owner of the copyright, the year

of creation, whether the work is published, whether the

work has been previously registered, and whether the work

includes preexisting material. Once submitted to the Office,

the application becomes part of the public record and can be

viewed by the public upon request.

In completing an application, it is important to give clear

and accurate information. Establishing a full, accurate record

serves the public interest, provides potential licensees with

accurate information, and decreases the cost of copyright

litigation.

Online Application

The Copyright Office strongly encourages you to apply

online to register an individual literary work, visual arts work,

motion picture, musical work, sound recording, other per

forming arts work, or single serial issue. In certain situations,

you can also use the online system to register multiple works

with one application. For more information, see Multiple

Works (Circular 34).

This circular provides guidelines for

submitting a complete, accurate

individual literary work, visual arts work,

motion picture, musical work, sound recording, other per

forming arts work, or single serial issue. In certain situations,

you can also use the online system to register multiple works

with one application. For more information, see Multiple

Works (Circular 34).

This circular provides guidelines for

submitting a complete, accurate

• Completing online and paper

applications

• Submitting a filing fee

• Preparing a deposit copy

• Communicating with the Office

• Determining when your registration

takes effect

The online system offers many benefits, including lower filing fees; faster examination; status

tracking; payment by credit card, debit card, or electronic check; and optional deposit upload.

To apply online, you must (1) complete the online application; (2) submit a filing fee by credit

card, debit card, bank account, or deposit account; and (3) upload an electronic deposit copy of your

work or send a physical deposit copy. You must finish each step before you can move to the next.

To access the online system, you will need to establish a user ID and password and provide con

tact information. With your user ID and password, you can complete multiple applications, save

draft applications, and review submitted applications.

When you begin an application, choose the type of work that best corresponds to the work you

seek to register. The questions you encounter when filling out the application are based on the

choice you make at the beginning of the application. You must complete each required section of

the application before you can submit a filing fee or a deposit copy of your work. See the details

below about the filing fee.

After you submit the filing fee, you can either upload a digital copy of your work or send a physi

cal copy or copies of your work by mail

t the application are based on the

choice you make at the beginning of the application. You must complete each required section of

the application before you can submit a filing fee or a deposit copy of your work. See the details

below about the filing fee.

After you submit the filing fee, you can either upload a digital copy of your work or send a physi

cal copy or copies of your work by mail. However, if your work is published in a physical edition or

format, you should submit it in the physical format even if a corresponding digital version exists. To

submit a physical copy of your work after completing an online application, print a shipping slip

from the “Submit Your Work” screen and send the shipping slip and deposit copy in the same pack

age to the address on the shipping slip.

To make sure you submit the appropriate deposit copy, see the additional information about

deposit copies below.

Paper Application

Although the Copyright Office strongly encourages you to apply online whenever possible, you can

also register your work using one of the fillable PDF forms available on the Office’s website: Form

TX (literary works); Form VA (visual arts works); Form PA (performing arts works, including motion

pictures); Form SR (sound recordings); or Form SE (single serial issues). After entering the required

information, print your form out and sign it in blue or black ink.

Alternatively, you can print out and complete a blank version of one of the forms or request a blank

form by postal mail. Use blue or black ink to complete your form; do not use a pencil or colored pens.

To access forms on the Copyright Office’s website, click on Law and Guidance, then Forms. To

request blank forms by postal mail, call (202) 707-3000 or 1-877-476-0778 (toll free).

Once you complete your paper application, mail it with your filing fee and deposit, all in the

same package, to the address on the final page of the application. Boxes sent to the Copyright Office

should weigh no more than twenty pounds

the Copyright Office’s website, click on Law and Guidance, then Forms. To

request blank forms by postal mail, call (202) 707-3000 or 1-877-476-0778 (toll free).

Once you complete your paper application, mail it with your filing fee and deposit, all in the

same package, to the address on the final page of the application. Boxes sent to the Copyright Office

should weigh no more than twenty pounds.

note: Applications for certain types of claims must be submitted on a paper form: registration of

mask works (Form MW); registration of vessel designs (Form D-VH); registration of works in which the

U.S. copyright was restored under the 1994 Uruguay Round Agreements Act (Form GATT); renewal

of copyright claims (Form RE); and some types of group submissions, including group registration of

databases predominantly containing content other than photographs (Form TX).

Filing Fee

The Copyright Office charges a nonrefundable filing fee for each application. Fees are subject

to change. For current registration fees, see Copyright Office Fees (Circular 4). Payment of the fee

is an essential part of the application. If your payment is cancelled or your check is returned as

uncollectible, the Copyright Office will cancel your registration and notify you.

If you submit your application online, you can pay by credit or debit card, electronic check, or

or money order made payable to “Register of Copyrights.” Currency is accepted only for paper

applications submitted in person at the Copyright Office. For more information about deposit

accounts, see How to Open and Maintain a Copyright Office Deposit Account (Circular 5).

Deposit Copy

Every application must be accompanied by one or more deposit copies. The term “deposit” is fre

quently misunderstood

ey order made payable to “Register of Copyrights.” Currency is accepted only for paper

applications submitted in person at the Copyright Office. For more information about deposit

accounts, see How to Open and Maintain a Copyright Office Deposit Account (Circular 5).

Deposit Copy

Every application must be accompanied by one or more deposit copies. The term “deposit” is fre

quently misunderstood. It refers to the complete copy or copies of a work that must be submitted to

copy to the Office, it becomes part of the public record and can be viewed by members of the public

upon request.

The Office uses the deposit to examine your claim and maintain a public record. The deposit

requirement varies depending on the nature of the work you will submit, including:

• Whether the work is published or unpublished;

• Whether the work is in a physical or digital format; and

• Whether the work was published in the United States or a foreign country.

Below are factors to consider when you select and submit your deposit copy or copies. For com

plete information about the Office’s deposit requirements, see chapter 1500 of the Compendium.

note: When completing an online application to register a work published solely in physical form

or in both physical and electronic form, you generally must forego the online upload option and

instead send in the required number of physical copies of the work.

Unpublished and Online-Only Works

If you are registering an unpublished work, you must submit one complete copy of it; if the work was

published electronically and is available only online, you must submit one complete copy of the pub

lished work. The Office recommends that you upload digital files through the electronic registration

system rather than submit them on a flash drive, disc, or other physical storage device. The Office’s

website has a list of acceptable file types

t submit one complete copy of it; if the work was

published electronically and is available only online, you must submit one complete copy of the pub

lished work. The Office recommends that you upload digital files through the electronic registration

system rather than submit them on a flash drive, disc, or other physical storage device. The Office’s

website has a list of acceptable file types. The maximum size for each uploaded file is 500 MB.

note: When registering an unpublished work, the Office strongly encourages you to submit the

deposit in a digital form, not as a physical copy or a phonorecord.

Visual Arts Works and Computer Programs

If you are registering a pictorial, graphic, or sculptural work or a computer program, you generally

should submit “identifying material” instead of the work itself. Identifying material is material that

adequately represents the authorship claimed in the application, such as photographs and drawings

(for pictorial, graphic, or sculptural works) or source code (for computer programs). For more infor

mation about deposits for computer programs, see Copyright Registration of Computer Programs

(Circular 61).

Foreign Published Works

If you are registering a work published solely in a foreign country, you must submit one complete

copy of the published work. If the work was first published simultaneously in the United States and

a foreign country, it is considered published in the United States and is subject to the requirements

described below under “Published Works in the United States after January 1, 1978.”

Works Published in the United States before January 1, 1978

If you are registering a work published in the United States before January 1, 1978, see Renewal of

Works Published in the United States after January 1, 1978

If you are registering a work first published in the United States, you may be subject to the “best edi

tion” and “mandatory deposit” requirements of the copyright law

ed in the United States before January 1, 1978

If you are registering a work published in the United States before January 1, 1978, see Renewal of

Works Published in the United States after January 1, 1978

If you are registering a work first published in the United States, you may be subject to the “best edi

tion” and “mandatory deposit” requirements of the copyright law. If these requirements apply, you

need to submit two complete copies of the best existing edition of your work.

Best Edition

The Copyright Act states that the material deposited for registration of a published work shall

include two complete copies or phonorecords of the best edition of the work. The best edition is

the edition, published in the United States at any time before the date of deposit, that the Library

of Congress determines to be most suitable for its purposes. The criteria used to identify the best

edition for a particular work are listed in the Best Edition Statement, set forth in Best Edition of Pub

lished Copyrighted Works for the Collections of the Library of Congress (Circular 7B). You must submit

the best edition that exists at the time you submit your claim.

The best edition requirement does not apply to all published works. If your work was first pub

lished outside the United States, you may submit the work either as first published or the best edi

tion. If the work was not published in any of the formats listed in the Best Edition Statement, you

may submit any published edition of the work. You do not need to create a new edition for your

work to meet the best edition requirement.

note: If a work was published in two or more editions, and if there are copyrightable differences

between each edition, each edition is considered a separate work. In such cases, you should submit a

separate application, filing fee, and deposit for each edition.

submit any published edition of the work. You do not need to create a new edition for your

work to meet the best edition requirement.

note: If a work was published in two or more editions, and if there are copyrightable differences

between each edition, each edition is considered a separate work. In such cases, you should submit a

separate application, filing fee, and deposit for each edition.

Mandatory Deposit

The Copyright Act gives the Library of Congress the authority to demand any work published in the

United States for its collections or use. This authority is known as “mandatory deposit.” When you

of your work. However, certain categories of works have special rules, considerations, or exemptions

you should know about. If your work falls in one of the following categories, consult Mandatory

Deposit of Copies or Phonorecords for the Library of Congress (Circular 7D).

• Works that are distributed only online;

• Advertising material and catalogs;

• Architectural works;

• Electronic works, including computer programs and computerized information works;

• Floor coverings, wallpaper and similar commercial wall coverings, textiles and other fabrics;

• Greeting cards, postcards, and stationery;

• Individually published lectures, sermons, speeches, and addresses;

• Jewelry;

• Limited edition visual arts works;

• Literary, dramatic, and musical works published only in phonorecords;

• Models, plans, or designs;

• Motion pictures and motion picture soundtracks;

• Musical compositions published by rental, lease, or lending;

• Multimedia kits;

• Packaging materials;

• Plaques;

• Scientific or technical diagrams;

• Serials;

• Sound recordings;

• Three-dimensional sculptural and cartographic works;

• Tests;

• Toys, dolls, and games;

• Useful articles; and

• Works originally published as part of a collective work

es and motion picture soundtracks;

• Musical compositions published by rental, lease, or lending;

• Multimedia kits;

• Packaging materials;

• Plaques;

• Scientific or technical diagrams;

• Serials;

• Sound recordings;

• Three-dimensional sculptural and cartographic works;

• Tests;

• Toys, dolls, and games;

• Useful articles; and

• Works originally published as part of a collective work.

Special Relief

The Copyright Office is authorized to grant special relief from deposit requirements in appropriate

circumstances. All requests for special relief must be made in writing. You must state the specific

reason(s) why you cannot submit the deposit required and what you will submit instead of the

required deposit. The Office will evaluate your request upon receipt.

Request for special relief may be made either in the “Note to the Copyright Office” field of the

online application or by mail to the following address:

Associate Register of Copyrights and

Director of Registration Policy and Practice

U.S. Copyright Office

P.O. Box 70400

Washington, DC 20024-0400

For more information about special relief, see chapter 1500, section 1508.8, of the Compendium.

Response to Applications

If you submit an online application, you will receive an automated email indicating that your appli

cation and filing fee have been received. You will receive a similar automated message if you upload

your deposit through the electronic registration system. If the Copyright Office does not receive

your deposit, you will receive an automated message notifying you that the deposit has not been

received.

If the Office needs more information, a staff member will contact you by email or by telephone.

Be sure to provide your correct email address and current telephone number in your application.

The Office sends most of its correspondence by email from the address cop-ad@loc.gov. Check all

your folders, including any spam or junk folders, for messages from this address

osit has not been

received.

If the Office needs more information, a staff member will contact you by email or by telephone.

Be sure to provide your correct email address and current telephone number in your application.

The Office sends most of its correspondence by email from the address cop-ad@loc.gov. Check all

your folders, including any spam or junk folders, for messages from this address.

If the Office registers your work, you will receive a certificate of registration in the mail. If the

Office determines that the work cannot be registered, you will receive a letter explaining why your

claim has been refused. The Office cannot honor requests to deliver certificates by email or through

private delivery services.

Effective Date of Registration

When the Copyright Office registers a work it assigns an effective date of registration to the certifi

cate of registration. The effective date of registration is the day that the Office receives in proper

form all required elements—an acceptable application, an acceptable deposit, and a nonrefundable

filing fee. The effective date of registration is not set until all the required elements are in the Office’s

possession. If the Office receives incomplete materials, an unacceptable deposit, or an insufficient

fee, the effective date of registration will be set on the date that the Office receives all the required

materials in acceptable form. The effective date of registration is not based on how long it takes the

Office to examine the materials or mail the certificate.

You do not have to receive your certificate before you publish or produce your work. Nor do

you need permission from the Copyright Office to place a copyright notice on your work. For

U.S. works, the Copyright Office, however, must approve or refuse your application before an

infringement suit before you can file a lawsuit for copyright infringement

xamine the materials or mail the certificate.

You do not have to receive your certificate before you publish or produce your work. Nor do

you need permission from the Copyright Office to place a copyright notice on your work. For

U.S. works, the Copyright Office, however, must approve or refuse your application before an

infringement suit before you can file a lawsuit for copyright infringement. You may seek statutory

damages and attorneys’ fees in an infringement action provided that the infringement began after

the effective date of registration. The law, however, provides a grace period of three months after

publication during which full remedies can be recovered for any infringement begun during the

three months after publication if registration is made before this period ends.

note

1. This circular is intended as an overview of the basic concepts of registering a work with the Copy

right Office. The authoritative source for U.S. copyright law is the Copyright Act, codified in Title 17

of the United States Code. Copyright Office regulations are codified in Title 37 of the Code of Federal

Regulations. Copyright Office practices and procedures are summarized in the third edition of the

Compendium of U.S. Copyright Office Practices, cited as the Compendium. The copyright law, regula

tions, and the Compendium are available on the Copyright Office website at www.copyright.gov.

of the United States Code. Copyright Office regulations are codified in Title 37 of the Code of Federal

Regulations. Copyright Office practices and procedures are summarized in the third edition of the

Compendium of U.S. Copyright Office Practices, cited as the Compendium. The copyright law, regula

tions, and the Compendium are available on the Copyright Office website at www.copyright.gov.

1 U. S. Copyright Office · Library of Congress · 101 Independence Avenue SE · Washington, DC 20559 · copyright.gov

CIRCULAR 2

REVISED: 05/2022

For Further Information

By Internet

The copyright law, the Compendium, electronic registration, application forms, regulations,

and related materials are available on the Copyright Office website at www.copyright.gov.

By Email

To send an email inquiry, click the Contact Us link on the Copyright Office website.

By Telephone

For general information, call the Copyright Public Information Office at (202) 707-3000 or

1-877-476-0778 (toll free). Staff members are on duty from 8:30 am to 5:00 pm, eastern time,

Monday through Friday, except federal holidays. To request application forms or circulars by

postal mail, call (202) 707-9100 or 1-877-476-0778 and leave a recorded message.

By Regular Mail

Write to

Library of Congress

U.S. Copyright Office

Outreach and Education Section

101 Independence Avenue, SE #6304

Washington, DC 20559-6304

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.