Circular 61
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Copyright Registration
for Computer Programs
A “computer program” is a set of statements or instructions to be used directly
or indirectly in a computer in order to bring about a certain result.
Copyright protection extends to all the copyrightable expression embodied
in the computer program. Copyright protection is not available for ideas, program logic, algorithms, systems, methods, concepts, or layouts.
Registering a Copyright with the U.S. Copyright Office
An application for copyright registration contains three essential elements: a
completed application form, a nonrefundable filing fee, and a nonreturnable
deposit—that is, a copy or copies of the work being registered and “deposited”
with the Copyright Office.
You may register basic claims¹ for literary works; visual arts works; performing arts works, including motion pictures; sound recordings; and single serials
online by using the electronic Copyright Office (eCO) at www.copyright.gov, or
you may register on a paper application form.
The Application
Completing the Online Application for a Computer Program
note: These points do not cover all the required information on the application.
Be sure to refer to the online instructions and the eCO tutorial before completing
the application.
Author Created · In the “Author Created” space, describe the copyrightable
authorship in the computer program for which registration is sought. Acceptable
statements include “computer program,” “text of user’s manual and computer
program,” etc. Do not refer to design, physical form, hardware, or algorithm.
Do not describe the program’s features or functions.
Year of Completion · Give the year of completion and the exact date of first
publication, if any, for the particular version of the computer program for
which registration is sought.
Limitation of Claim · Complete this part of the application if the computer
program contains a substantial amount of previously published, registered, or
public domain material such as subroutines or modules, or if the work was
developed using an underlying computer program or authoring tool. “Material excluded” may state “previous version.” Typical examples of descriptions of
“New material included” are “computer program” and “revised version.” Do not
2 61.0812
Copyright Registration for Computer Programs · 2
refer to debugging, error corrections, new functions of the
revised program, or other elements that cannot be registered.
website at www.copyright.gov, write the Copyright Office, or
call (202) 707-3000 or 1-877-475-0778 (toll free).
To register online, go to the Copyright Office website at
www.copyright.gov and click on electronic Copyright Office.
The Deposit
note: Hard-copy deposits are required for most published
Computer Programs without Trade Secrets
works to fulfill the mandatory deposit requirements. You can
still register online and save money even if you will submit
a hard-copy deposit. After paying the filing fee online, you
may choose either to upload digital copies or to mail physical
copies. Instructions for both options are provided. A shipping
slip is created to mail together with your hard copies.
Completing a Paper Application Form
for a Computer Program
You can also register your copyright using a paper form.
Instructions accompany the paper forms. To access all forms,
go to the Copyright Office website and click on Forms.
Choose the form representing the type most appropriate to
the predominant authorship. Because computer programs
are literary works, registration as a “Literary Work” (Form
TX) is usually appropriate.
However, if pictorial or graphic authorship predominates,
registration as a “Visual arts work” (Form VA) may be made.
Similarly, if motion picture authorship or audiovisual material predominate, registration as a “Motion picture/audiovisual work” (Form PA) may be made.
On your personal computer, complete the form, print
it out, and mail it with a check or money order and your
deposit. Blank forms can also be printed out and completed
by hand, or they may be requested by postal mail or by calling the Forms and Publications Hotline at (202) 707-9100
(limit of two copies of each form by mail). Remember that
online registration through eCO can be used for these types
of applications.
Mailing Addresses for Applications Filed on
Paper and for Hard-copy Deposits
Library of Congress
U.S. Copyright Office–TX
101 Independence Avenue SE
Washington, DC 20559
The Fee
Copyright Office fees are not refundable, and they are subject to change. For current fees, check the Copyright Office
For published or unpublished computer programs, send one
copy of identifying portions of the program (first 25 and
last 25 pages of source code) reproduced in a form visually
perceptible without the aid of a machine or device, either on
paper or in microform, together with the page or equivalent
unit containing the copyright notice, if any. Online registration is ideal for computer programs not embodied in a
CD-ROM. The source code may be uploaded electronically,
preferably in PDF format.
For a program less than 50 pages in length, send a visually perceptible copy of the entire source code. For a revised
version of a program that has been previously published or
previously registered or that is in the public domain, if the
revisions occur throughout the entire program, send the
page containing the copyright notice, if any, and the first
25 and last 25 pages of source code. If the revisions are not
contained in the first 25 and last 25 pages, send any 50 pages
representative of the revised material in the new program,
together with the page or equivalent unit containing the
copyright notice, if any, for the revised version.
In any case where the program is so structured that it has
no identifiable beginning or end, the applicant should make
a determination as to which pages may reasonably represent
the first 25 and last 25 pages.
If an applicant is unable or unwilling to deposit source
code, the applicant must state in writing that the work as
deposited in object code contains copyrightable authorship.
The Office will then register the work under its rule of doubt
since it has not determined the existence of copyrightable
authorship.
If a published user’s manual or other printed documentation accompanies the computer program, deposit one copy
of the user’s manual along with one copy of the identifying
material for the program.
note: Such manuals must generally be mailed rather than
uploaded electronically to the Copyright Office.
For programs written in JavaScript® and other scripted
languages, the script is considered the equivalent of source
code. Thus, the same number of pages of script would be
required as is required for source code. Reproductions of onscreen text, buttons, and commands are not an appropriate
substitute for this source code deposit. Where a scripted pro-
Copyright Registration for Computer Programs · 3
gram contains trade secrets, the deposit of script pages must
meet the requirements below.
note: When a computer program is embodied in a cd-rom,
ordinarily the entire cd-rom package must be mailed to the
Copyright Office, including a complete copy of any accompanying operating software and instructional manual. If registration is sought for the computer program, the deposit should
also include a printout of the first 25 and last 25 pages of
source code for the program.
Computer Programs Containing Trade Secrets
Where a computer program contains trade secret material,
include a cover letter stating that the claim contains trade
secrets, along with the page containing the copyright notice,
if any. Include a source code deposit as described below. The
source code may be uploaded electronically with the exceptions noted above.
Points to Remember
Each separately published version of a computer program
that contains new, copyrightable authorship must be registered
separately, with a new application and fee. Registration of the
first version may extend to the entire work if it contains no
previously published or registered portions and if the claimant is the same for both.
Registration of any subsequent version covers only the new
or revised material added to that version. The version of the
work that is deposited should be the same version described
on the application; thus, the title and dates on the application
should correspond with those on the deposit copy.
note: If the version to be registered is no longer available, it
may be possible to register it using a later version under a
grant of special relief. In this case, submit a written request for
special relief to the Copyright Office, Attention: Registration
Program. Explain why the required version is not available and
Entirely new computer programs
indicate what percentage of the authorship from the version
• First 25 and last 25 pages of source code with portions
containing trade secrets blocked out, or
Your request will be evaluated upon receipt.
• First 10 and last 10 pages of source code alone, with no
blocked out portions, or
• First 25 and last 25 pages of object code plus any 10 or
more consecutive pages of source code, with no blockedout portions, or
• For programs 50 pages or less in length, entire source
code with trade secret portions blocked out
Revised computer programs
If the revisions are present in the first 25 and last 25 pages,
any one of the four options above, as appropriate, or if the
revisions are not present in the first 25 and the last 25 pages:
• 20 pages of source code containing the revisions with no
blocked out portions, or
• any 50 pages of source code containing the revisions with
some portions blocked out
note: Whenever portions of code are blocked out, the following
requirements must be met:
1 the blocked out portions must be proportionately less than the
material remaining; and
2 the visible portion must represent an appreciable amount of
original computer code.
to be registered remains in the version you are depositing.
If the deposit material for the computer program has a
copyright notice containing multiple year dates, the Copyright Office will question whether the particular program is a
revised or derivative version if the “Limitation of Claim” area
of the application has not been completed. If the program
is not a derivative work and if the multiple year dates in the
notice refer to internal revisions or the history of development
of the program, please put that information in a cover letter to
help speed processing. If registering online, give this explanation as a “Note to Copyright Office” in the space provided.
If the deposit material for the computer program does
not give a printed title and/or version indicator, please add
the title and any indicia that can be used in identifying the
particular program.
How to Register a Computer Program and
Its Screen Displays
A single registration may be made for a computer program
and its screen displays. When answering the “Type of work
being registered” in eCO, choose the type most appropriate
to the predominant authorship. Because computer programs
are literary works, registration as a “Literary Work” is usually
appropriate. However, if pictorial or graphic authorship predominates, registration as a “Work of the Visual Arts” may be
made. Similarly, if motion picture authorship or audiovisual
Copyright Registration for Computer Programs · 4
material predominates, registration as a “Motion picture/
audiovisual work” may be made.
The registration will extend to any copyrightable screens
generated by the program, regardless of whether identifying
material for the screens is deposited.
Option 1: Answer “computer program” to the “Author Cre-
ated” question. In this case, deposit the source code as
described above. Depositing identifying material for screens
is optional.
Option 2: Answer “computer program, including text of
screen displays,” or “computer program including audiovisual material” or “computer program including artwork on
screen displays” in the “Other” portion of the “Author Created” question. In this case, you must deposit identifying
material for the screen displays in addition to the required
source code. Identifying material for the screen displays
should consist of images or printouts clearly revealing the
screens. If using online registration, images of the screens
may be uploaded electronically to the electronic Copyright
Office. For works that are predominantly audiovisual, such
as video games, ½-inch VHS videotapes, CD-ROMs, or
DVDs, an upload of the audiovisual material to eCO (provided the file is not too large to upload) is acceptable. Note,
too, that if the screens are reproduced in an accompanying
manual, the manual will suffice as identifying material.
The identifying material will be examined for
copyrightability. When the screens are essentially not copyrightable (e.g., de minimis menu screens, blank forms, or
the like), the application should not refer to screens. The
description of authorship on the application should not refer
to elements such as “menu screens,” “structure, sequence and
organization,” “layout,” “format,” or the like.
note: Registration of html or other formatting code for a
website does not automatically cover any visible or audible
copyrightable elements that are generated by the code. To
register those portions of an online work, the entire copyrightable content must be deposited. It is possible to register the
computer program together with the online work, but the
deposit requirements for both the program and the online
Courts have differed in their opinions regarding whether
screen displays may be registered separately.
The Copyright Office has consistently believed that a
single registration is sufficient to protect the copyright in
a computer program and related screen displays, including
video games, without a separate registration for the screen
displays or a specific reference to them on the application for
the computer program. An application may give a general
description in the “Author Created” space, such as “computer
program.” This description will cover any copyrightable
authorship contained in the computer program and screen
displays, regardless of whether identifying material for the
screens is deposited.
A specific claim in the screen displays may be asserted on
the application. In such a case, identifying materials for the
screens must be deposited.
Effective Date of Registration
When the Copyright Office issues a registration certificate,
it assigns as the effective date of registration the date it
received all required elements—an application, a nonrefundable filing fee, and a nonreturnable deposit—in acceptable
form, regardless of how long it took to process the application and 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. However, the Copyright
Office must have acted on your application before you can
file a suit for copyright infringement, and certain remedies,
such as statutory damages and attorney’s fees, are available
only for acts of infringement that occurred after the effective
date of registration. If a published work was infringed before
the effective date of registration, those remedies may also be
available if the effective date of registration is no later than
90 days after the first publication of the work.
If you apply for copyright registration using a paper
application, you will not receive an acknowledgment that
your application has been received (the Office receives more
than 600,000 applications annually), but you can expect
work must be fulfilled. See Circular 66, Copyright Registration
• a letter or a telephone call from a Copyright Office staff
member if further information is needed or
deposit and how to complete the application when registering
• a certificate of registration indicating that the work has
been registered, or if the application cannot be accepted, a
letter explaining why it has been rejected.
for Online Works, for important information on the required
online works.
Screen Displays
Copyright protection for computer screen displays, including
video games, has been an issue in the courts for some time.
Requests to have certificates available for pickup in the
Copyright Office or to have certificates sent by a mail service
cannot be honored. If you want to know the date that the
Copyright Registration for Computer Programs · 5
Copyright Office receives your paper application or hardcopy deposit, send it by registered or certified mail and
request a return receipt.
For Further Information
By Regular Mail
Write to:
Library of Congress
Copyright Office–COPUBS
101 Independence Avenue SE
Washington, DC 20559
By Internet
Circulars, announcements, regulations, and all applications
forms are available from the Copyright Office website at
www.copyright.gov. To send an email communication, click
on Contact Us at the bottom of the home page
By Telephone
For general information about copyright, call the Copyright
Public Information Office at (202) 707-3000 or 1-877-4760778 (toll free). Staff members are on duty from 8:30 am to
5:00 pm, eastern time, Monday through Friday, except federal
holidays. Recorded information is available 24 hours a day.
To request paper application forms or circulars, call the Forms
and Publications Hotline at (202) 707-9100 and leave a
recorded message.
Note
1. Basic claims include (1) a single work; (2) multiple unpublished works
if the elements are assembled in an orderly form; the combined elements bear a single title identifying the collection as a whole; the copyright claimant in all the elements and in the collection as a whole is the
same; and all the elements are by the same author, or, if they are by different authors, at least one of the authors has contributed copyrightable
authorship to each element; and (3) multiple published works if they are
all first published together in the same publication on the same date and
owned by the same claimant.
U. S. Copyright Office · Library of Congress · 101 Independence Avenue SE · Washington, DC 20559 · www.copyright.gov
circular 61 reviewed: 08 ⁄ 2012 Printed on recycled paper
u.s. government printing office: 2012-xxx-xxx ⁄ xx,xxx
