Circular 66
w
Copyright Registration
for Online Works
General Information
This circular gives information about copyright registration of online works
made available over a communications network such as the Internet. This
information applies also to works accessed via network (websites, home ages,
p
and FTP sites) and files and documents transmitted and/or downloaded via
network.
Copyright protects original authorship fixed in tangible form (17 USC sec.
102(a)). For works transmitted online, the copyrightable authorship may consist
of text, artwork, music, audiovisual material (including any sounds), sound
recordings, etc. Copyright does not protect ideas, procedures, systems, or methods of operation (17 USC sec. 102(b)).
Under U. S. law, copyright protection subsists from the time the work is fixed
in any tangible medium of expression from which it can be perceived, reproduced,
or otherwise communicated, either directly or with the aid of a machine or device.
Copyright registration is not mandatory, but it has important benefits. For general
information about copyright, see Circular 1, Copyright Basics. See “For Further
Information” on page 4 on how to obtain circulars and other information.
What the Registration of an Online Work Covers
For all online works other than computer programs and databases, the registration will extend only to the copyrightable content of the work as received in the
Copyright Office and identified as the subject of the claim. The application for
registration should exclude any material that has been previously registered or
published or that is in the public domain. For published works, the registration
should be limited to the content of the work asserted to be published on the date
given on the application.
note: For a claim in a computer program that establishes the format of text and
graphics on the computer screen when a website is viewed (such as a program
written in html), registration will extend to the entire copyrightable content of
the computer program code. It will not, however, extend to any website con-
tent generated by the program that is not present in the identifying material
received and that is not described on the application. On the other hand, for all
other computer programs that are transmitted or accessed online, as well as for
online automated databases, the registration extends to the entire copyrightable
content of the work owned by the claimant, even though the entire content is
not required in the identifying material deposited. For more information about
deposit requirements, see page 3.
2 66.0712
Copyright Registration for Online Works · 2
Revisions and Updates
Many works transmitted online, such as websites, are revised
or updated frequently. Generally, copyrightable revisions to
online works that are published on separate days must each be
registered individually, with a separate application and filing
fee (unless it meets the requirements in the following two sections). Registration of a revised version covers only the new
or revised material added. 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. See Circular 14,
Copyright Registration for Derivative Works, for important
additional information on registering revised works.
Databases
In some cases, a frequently updated online work may constitute an automated database. A group of updates, published
or unpublished, to a database, covering up to a three-month
period within the same calendar year, may be combined in
a single registration. For more information about registering databases, request Circular 65, Copyright Registration for
Automated Databases. All updates from a three-month period
may be registered with a single application and filing fee.
Serials and Newsletters
Group registration (a single registration covering multiple
issues published on different dates) is available for serials
(published weekly or less often) and daily newsletters (published more often than weekly), including those published
online. The requirements vary, depending on the type of
work. For more information about registering serials, see
Circular 62, Copyright Registration for Serials; for daily newsletters, see Circular 62a, Group Registration of Daily Newspapers and Newsletters; for serials published weekly or less often,
see Circular 62b, Group Registration of Serials on Form SE/
Group.
note: Group registration for serials is available only if the
claim is in a “collective work.” Thus, group registration is not
available for electronic journals published one article at a time
because such works are not collective works.
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.
A copyright registration is effective on the date the Copyright Office receives all required elements in acceptable form.
The time needed to process applications varies depending
on the amount of material the Office is receiving and the
method of application (see below).
Here are the options for registering your copyright, beginning with the fastest and most cost-effective method.
Option 1: Online Registration
Online registration through the electronic Copyright Office
(eCO) is the preferred way to register basic claims for literary
works; visual arts works; performing arts works, including
motion pictures; sound recordings; and single serials. Advantages of online filing include
• a lower filing fee
• fastest processing time
• online status tracking
• secure payment by credit or debit card, electronic check,
or Copyright Office deposit account
• the ability to upload certain categories of deposits directly
into eCO as electronic files
note: You can still register using eCO and save money even if
you will submit a hard-copy deposit, which is required under
the mandatory deposit requirements for published works.
The system will prompt you to specify whether you intend to
submit an electronic or a hard-copy deposit, and it will provide
instructions accordingly.
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.
To access eCO, go to the Copyright Office website at www.
copyright.gov and click on electronic Copyright Office.
note: Copyright Office fees are subject to change.
For current fees, please check the Copyright Office website
at www.copyright.gov, write the Copyright Office, or call
(202) 707-3000 or 1-877-476-0778.
Copyright Registration for Online Works · 3
Option 2: Registration with Paper Forms
Paper versions of forms are available on the Copyright Office
website, or staff will send them to you by postal mail upon
request. Remember that online registration through eCO
(see above) can be used for the types of applications identified in “Option 1” above..
Mailing Addresses for Applications Filed on
Paper and for Hard-copy Deposits
Library of Congress
U.S. Copyright Office
101 Independence Avenue SE
Washington, DC 20559
How to Complete the Application
In general, complete the form as explained in the instructions and in applicable Copyright Office circulars. Information specific to online works is given in more detail below.
Author Created · Describe the original authorship being
registered. Use terms that clearly refer to copyrightable
authorship. Examples are “text,” “compilation,” “music,” “artwork,” “photography,” “motion picture/audiovisual” (including sounds), or “sound recording” (when the sounds do not
accompany a series of images).
Do not use terms that refer to elements that are not
protected by copyright or may be ambiguous, for example,
“website,” “interface,” “format,” “layout,” “design,” “look of
website,” “lettering,” “game,” or “concept.”
Determining if Your Work Is Published or Unpublished ·
The definition of “publication” in the U. S. copyright law does
not specifically address online transmission. As has been the
long-standing practice, the Copyright Office asks the applicant, who knows the facts surrounding distribution of copies
of a work, to determine whether the work is published or not.
In the current copyright law, “publication” is defined as
“the distribution of copies or phonorecords of a work to the
public by sale or other transfer of ownership, or by rental,
lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes
publication. A public performance or display of a work does
not of itself constitute publication” (17 USC sec. 101).
Published works: If you determine that your work is
publish d, give the complete date and nation of first publicae
tion on the application. For a revised version, the publication date should be the date the revised version was first
published, not the date the original version first appeared
online. For registration purposes, give a single nation of first
publication, which may be the nation from which the work
is uploaded.
note: If the same work is published both online and by the dis-
tribution of physical copies and these events occur on different
dates, the publication date should refer to whichever occurred
first. For what to deposit in this case, see the “Exception” section below.
Unpublished works: If you determine that your work is
unpublished, leave the “date of publication” and “nation of
publication” spaces on the application blank. Do not write
“Internet,” “homepage,” or any other term in this space.
The Deposit
All works transmitted online excluding computer programs,
databases, and works fixed in CD-ROM format:
The deposit regulations of the Copyright Office do not
specifically address works transmitted online. Until the regulations are amended, and under the authority granted the
Copyright Office by 37 CFR 202.20(c)(2)(viii), the Office will
require the deposit of one of the following:
Option 1: For online registration only. Upload a copy of the
entire work. If the work is too large for a single upload, you
may do multiple uploads. This option is not recommended
for extremely large works.
Option 2: A computer disc or CD-ROM containing the
entire work and representative portions of the original
authorship being registered in hard copy (printout, audiocassette, or videotape, as appropriate). If the work is short
(five pages or less of text/artwork, or three minutes or less of
music, sounds, or audiovisual material), deposit the entire
work and confirm that it contains the entire copyrightable
content. If the work is longer, deposit five representative
pages or three representative minutes, including the title,
author, and copyright notice, if any. The hard copy should
include the title, author, and copyright notice, if any. A label
with the information should be placed on the disc or CD-ROM
case. Do not label the CD‑ROM itself.
or
Option 3: A nondigital copy of the entire work, regardless of
length, in the appropriate format for the work being registered, for example, a printout, audiocassette or videotape. No
computer disc or CD-ROM is required with option 3.
Copyright Registration for Online Works · 4
Exception: If a work is published both online and by the
distribution of physical copies in any format, the requirement of the deposit regulations for the copies applies, not the
options for online works given above. For example, if a work
is published in the form of hardbound books and is also
transmitted online, the deposit requirement is two copies of
the hardbound book.
Computer Programs, Databases, and Works Fixed in
CD-ROM Format Transmitted Online
For computer programs, databases, and works fixed in
CD-ROM format, the specific provisions of Copyright Office
deposit regulations apply to works transmitted online.
37 CFR 202.20(c)(vii) and 202.20(c)(xix). For further information, see Circular 61, Copyright Registration for
Computer Programs, or Circular 65, Copyright Registration
for Automated Databases. For works fixed in CD-ROM
format, a complete copy of the CD-ROM package, including
any operating software or instruction manual, is required.
The Fee
Copyright Office fees are not refundable, and they are subject to change. For current fees, check the Copyright Office
website at www.copyright.gov, write the Copyright Office, or
call (202) 707-3000 or 1-877-475-0778 (toll free).
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
three months after the first publication of the work.
For Further Information
By Internet
Circulars, announcements, regulations, applications forms,
and other materials are available from the Copyright Office
website at www.copyright.gov. To send an email communica
tion, click on Contact Us at the bottom of the homepage.
By Telephone
For general information about copyright, call the Copyright
Public Information Office at (202) 707-3000 or 1-877-4870778 (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. If
you want to request paper application forms or circulars, call
the Forms and Publications Hotline at (202) 707-9100 and
leave a recorded message.
By Regular Mail
Write to:
Library of Congress
Copyright Office-COPUBS
101 Independence Avenue SE
Washington, DC 20559
U. S. Copyright Office · Library of Congress · 101 Independence Avenue SE · Washington, DC 20559 · www.copyright.gov
circular 66 reviewed: 07 ⁄ 2012 Printed on recycled paper
u.s. government printing office: 2012-xxx-xxx ⁄ xx,xxx
