How to Copyright Your Artwork: A work of art is automatically protected by copyright law as soon as it is created. You don’t need to register your work with the U.S. Copyright Office for it to be protected. However, registering your artwork does provide a key advantage—if you ever need to defend your copyright, the registration provides an official date on the public record that you can use to support your copyright-infringement claim. Additionally, it’s important to know that you cannot file a lawsuit for infringement until your copyright is officially registered. Knowing how to copyright your artwork can be crucial for protecting your creative works and ensuring your rights are legally recognized.
In summary, while how to copyright your artwork is automatic upon creation, registering it with the U.S. Copyright Office offers significant legal benefits, especially in case of infringement. Understanding how to copyright your artwork ensures you have the right tools in place to protect and defend your intellectual property.
Method1 Registering Your Copyright
Preparing Your Computer for eCO Use
To ensure a smooth experience when registering copyrights with the U.S. Copyright Office’s electronic registration system (eCO), follow these steps to optimize your computer:
1. Disable Your Browser’s Pop-up Blocker
Make sure that your browser’s pop-up blocker is turned off to prevent any issues when submitting your registration.
2. Disable Any Third-party Toolbars
Turn off any third-party toolbars to avoid compatibility problems during the registration process.
3. Adjust Security and Privacy Settings
Set your browser’s security and privacy settings to a medium level for optimal performance.
4. Recommended Configuration
For the best experience, the U.S. Copyright Office has tested eCO on Firefox with Microsoft Windows 7. Other configurations may lead to suboptimal performance, so using this setup is advised.
Familiarizing Yourself with the eCO Process
To successfully register your copyright using the eCO system, it’s important to understand the process. Here’s how you can get started:
1. Review the U.S. Copyright Office’s Tutorial
Take some time to explore the tutorial presentation provided by the U.S. Copyright Office. It offers a comprehensive guide on how to use the eCO system for filing your copyright registration.
2. Explore Other Instructional Resources
If you prefer a different approach, various websites provide step-by-step instructions on using the eCO system. You can find alternative guides if the government’s presentation doesn’t suit your needs.
Completing the eCO Application
Once you’re familiar with the eCO process, it’s time to begin your application. Follow these steps to successfully complete your copyright registration:
1. Create an eCO Account
Open the eCO portal and create your account to get started.
2. Start a New Registration
After logging in, click on “Register a New Claim” located on the left-hand side of the welcome page. Follow the prompts to enter the required information for your copyright registration.
3. Track Your Progress
As you fill out the application, you will notice the steps on the left-hand side being checked off. Once all sections are checked, your application is ready to submit.
4. Review and Submit Your Application
When you’ve entered and reviewed all the information for accuracy, click “Add to Cart.” The filing fee will be displayed, so double-check the details. Then, click “Checkout” to proceed to payment and complete your submission.
Paying the Fee
Once your application is ready, it’s time to pay the filing fee. You have multiple payment options:
1. Bank Account Transfer
You can choose to enter your bank account information and transfer the required funds electronically.
2. Debit/Credit Card Payment
Alternatively, you can pay with a debit or credit card. This will redirect you to Pay.gov, a secure website operated by the U.S. Treasury Department for processing payments to government agencies.
Depositing a Copy of Your Work
The final step in completing your copyright registration is submitting a copy of your work to the U.S. Copyright Office. Here’s what you need to know:
1. Deposit Requirements for Electronic Works
Typically, you can only deposit a copy through eCO for works that are either (1) unpublished or (2) published only electronically.
2. Uploading an Electronic Copy
After paying the fee, click “Continue.” On the next screen, you’ll have the option to upload an electronic copy of your work.
3. Sending a Physical Copy
If a physical copy is required, click “Create Shipping Slip” at the bottom of the screen. Print the shipping slip, attach it to your parcel, and send it to the address provided.
4. Unsure About Deposit Requirements?
If you’re uncertain about the deposit requirements for your work, contact the U.S. Copyright Office for guidance.
Reviewing Correspondence from the Copyright Office
After submitting your application, it’s important to stay on top of any communication from the U.S. Copyright Office.
1. Respond Promptly to Requests for Additional Information
The Copyright Office may contact you via phone or email regarding your application. If additional documentation or information is needed, they will notify you. Make sure to update your registration application as soon as possible.
2. Check Your Spam Folder
Be sure to regularly check your spam folder to ensure you don’t miss any important correspondence.
Following Up on Your Registration
Once your application is submitted, it’s important to monitor its progress.
1. Check Your Application Status
To check the status of your registration, log in to eCO and locate the “Open Cases” table at the bottom of the screen. Click on the blue case number linked to your claim to view the details.
Method2 Understanding Copyright Registration
Understanding the Basic Steps to Register a Copyright
Registering your copyright with the U.S. Copyright Office involves three essential steps:
1. Complete the Application
You can choose to complete the application either on paper or through the U.S. Copyright Office’s eCO registration system.
2. Pay the Filing Fee
A fee is required to process your copyright registration.
3. Deposit a Copy of Your Work
Finally, you must submit a copy of the work you’re registering to the U.S. Copyright Office.
Once these steps are completed, your copyright will be officially registered.
Understanding Which Works Can Be Registered Using eCO
Using the eCO system to register your copyright is often the best choice because it offers the lowest filing fee, fastest processing time, and the convenience of tracking your submission online. Additionally, it allows you to directly deposit certain works online, eliminating the risks associated with mailing physical copies.
1. Types of Works You Can Register Using eCO
You can use eCO to register the following types of works:
- Literary Works
- Visual-Arts Works
- Performing-Arts Works
- Sound Recordings
- Motion Picture/Audiovisual Works
- Single-Serial Issues (e.g., a single issue of a magazine or newspaper)
2. Learn More About Each Type of Work
For detailed explanations of these terms and the types of creative works they cover, refer to the U.S. Copyright Office’s guide on the subject.
Determining If Your Work is Published or Unpublished
Before using eCO to register your copyright, it’s important to determine the publication status of your work. This will affect both your eligibility to use eCO and the method of depositing your work.
1. Eligible Works for eCO Registration
You can use eCO to register the following types of works:
- Any single work
- A collection of unpublished works by the same author
- Multiple published works in the same unit of publication (e.g., a book of pictures)
2. Publication Status and Deposit Method
The publication status of your work also determines whether you can deposit it electronically or if you must mail a physical copy to the U.S. Copyright Office.
3. What Defines a Published Work?
According to copyright law, a work is considered published if:
- It has been sold, rented, leased, or lent to the public.
- Copies have been offered to another party for further distribution, public performance, or public display.
Understanding Your Copyright Rights
As the owner of a copyright, you have exclusive rights over your work. These rights allow you to control how your work is used, with certain limitations.
1. Reproduction Rights
You have the exclusive right to reproduce your work, meaning you can make copies of it.
2. Derivative Works
You can create new works based on your original work. This includes altering, transforming, or building upon the original (known as “derivative” works).
3. Distribution Rights
You have the right to distribute copies of your work to the public.
4. Public Display and Performance
You have the exclusive right to publicly display or perform your work.
Additional Rights in Visual Arts
In addition to general copyright protections, authors of visual art works have specific rights related to attribution and the integrity of their works, subject to “fair use.” These rights last for the lifetime of the author.
1. Right to Claim Authorship
The author has the right to claim authorship of the work and prevent false attribution in other works.
2. Right to Prevent Distortion or Mutilation
The author can prevent the attribution of authorship to works that have been mutilated or distorted in a way that harms their reputation.
3. Right to Protect the Work from Destruction or Mutilation
The author has limited rights to prevent the intentional destruction or mutilation of their visual art work.
Method3 Protecting Your Work Online
Uploading Low-Resolution Images
To protect your art from unauthorized use while promoting it online, consider uploading only low-resolution images.
1. Benefits of Low-Resolution Images
Uploading low-resolution images allows you to showcase your work and attract attention without giving others access to clear, full-size copies that could be misused.
Watermarking Your Images
To protect your work online, consider watermarking your images.
1. Add a Visible Watermark
Use an image editor to place a translucent mark across the image, clearly identifying it as your work. This prevents others from distributing or using it freely without showing its origin.
2. Include Your Name in the Filename
Another way to protect your image is by adding your name to the filename when uploading the image.
3. Explore Other Technical Protection Measures
There are additional technical methods for embedding searchable markers into your digital files and even restricting unauthorized copying or distribution. These options are available if you’re willing to implement customer access limitations.
Adding a Copyright Notice
To further protect your work, consider adding a copyright notice to your images.
1. Place the Copyright Notice Clearly
Position the copyright notice in a corner or other discreet but visible area of the image.
2. Format of the Copyright Notice
Use the copyright symbol (©), followed by your name and the year you created the work. This signals that you own the work and intend to protect it under copyright law, which automatically applies when you create the work.
Pursuing Removal of Unauthorized Copies
If you find unauthorized copies of your work online, you can take action under the Digital Millennium Copyright Act (DMCA).
1. File a DMCA Takedown Notice
As the copyright owner, you can file an official takedown notice for unauthorized copies distributed on a server in the USA. You send the notice to the “registered copyright agent” of the online service provider hosting the website. The service provider must take down the infringing works to avoid legal consequences.
2. Immunity for Online Service Providers
The online service provider is protected from lawsuits for infringement if they follow the proper DMCA procedure.
3. Possible Restoration of Works
If the user who posted the infringing content sends a valid counter-notification to the service provider, the service provider may restore the works online. In this case, you would need to take legal action by suing the user for a federal restraining order.
Registering Your Copyright and Taking Legal Action
If you discover infringement and have been unable to stop it through warnings or complaints, you can take further legal steps.
1. Register Your Copyright
To pursue legal action, you must register your copyright (preferably within one month of discovering the infringement).
2. Sue for Damages
Once registered, you can sue the infringer for damages, including statutory damages, attorneys’ fees, and request a permanent injunction to prevent further infringement.
