Copyright registration in USA. The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. The United States is a highly developed country, accounts for approximately a quarter of global GDP, and is the world’s largest economy by GDP at market exchange rates. By value, the United States is the world’s largest importer and second-largest exporter of goods. The USA holds 29.4% of the total wealth in the world, the largest share held by any country. Making up more than a third of global military spending, it is the foremost military power in the world and internationally a leading political, cultural, and scientific force. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of copyright registration in USA.
Copyright in USA
Unlike other intellectual property rights such as trademarks, patents, industrial designs, plant varieties, etc., copyright does not need to be registered for protection but will be automatically protected from the time the works are created.
The creation must be visible in a certain material form, like content, quality, form, medium, language, published or unpublished, registered or unregistered.
Accordingly, whether registered or not, the copyright to the work will still be protected. However, the creator should still apply for copyright registration in USA early because early registration will give the author/owner of the work many advantages in the event of a dispute.
When unauthorized use of work occurs around the world, the owner of a work who has made a copyright registration in USA will not have to waste time and complicate matters with proving himself/herself to be the legitimate owner of the work.
Thereby, in order to avoid passivity, the owner of the work should make a copyright registration in USA immediately to protect their rights and interests when there is an infringement.
Copyright registration in USA
USA is a member country of The Berne Convention for Copyright since 1989.
The Berne Convention for the Protection of Literary and Artistic Works (the Berne Convention) is an international agreement governing copyright. The agreement was first accepted in Berne, Switzerland, in 1886.
As USA is a contracting party of the Berne Convention, any work originating in USA will be given copyright protection in each of the Berne Convention member countries.
In most countries, copyright protection is automatic as soon as the work existed in material form. However, the copyright registration in USA is critical in order for the copyright owner to obtain evidence of copyright.
Evidence of copyright is extremely important even when the works are automatically protected according to copyright law.
When registering, the work will get an application submission date, as well as information about the creation and proof of creative concept and development. This provides unambiguous proof of authorship and ownership that can’t be denied.
Proof of copyright is essential in an age when the publishing, dissemination, and theft of material is extremely easy with the exposure of the Internet.
If copyright registration is not made, copyright owners will lose a big amount of money as well as time needed to resolve issues related to copyright, proving ownership of the original work.
If the copyright owner has already registered for copyright protection to the IP office, they would have a strong legal foundation which would increase their chance of winning against the violating parties.
Documents for copyright registration in USA
To obtain copyright registration in USA, the author of the work needs to prepare the following documents:
- Declaration of copyright registration in USA;
- Two copies of copyrighted work;
- Documents proving the right to apply;
- Written consent of co-authors, if the work has co-authors;
- Written consent of the co-owners, if the copyright is jointly owned;
- Notarized identity card of the author or owner of the work;
- Power of Attorney, if the applicant is an authorized person;
- Notarized copy of the company’s business registration certificate (if the owner is a company).
The copyright law of USA
The United States copyright law is contained in chapters 1 through 8 and 10 through 12 of Title 17 of the United States Code. The Copyright Act of 1976, which provides the basic framework for the current copyright law, was enacted on October 19, 1976, as Pub. L. No. 94-553, 90 Stat. 2541.
The 1976 Act was a comprehensive revision of the copyright law in Title 17.
The copyright law of the United States grants monopoly protection for “original works of authorship”. With the stated purpose to promote art and culture, copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly.
These exclusive rights are subject to a time limit, and generally expire 70 years after the author’s death or 95 years after publication.
The United States Constitution explicitly grants Congress the power to create copyright law under Article 1, Section 8, Clause 8, known as the Copyright Clause. Under the Copyright Clause, Congress has the power “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”
You can find a list of USA IP Firms here.