commercial distribution, such as feature films. A preregistration is not the same as registration and the vast majority of applicants would not benefit from this service. Applicants should reflect carefully on whether preregistration is necessary in a specific case. For more information on preregistration, see Chapter 1600.
202.3 Registration Distinguished from Recordation
Registration and recordation are two separate procedures: claims to copyright are registered, while documents related to copyright claims, such as agreements to transfer or grant a mortgage in copyrights, are recorded. As discussed in Section 204, an applicant must submit an application, deposit copy(ies), and a filing fee to register a claim to copyright, and together these items are the primary source of information for the claim. As a general rule, the applicant does not need to submit additional documents substantiating the information provided in these materials.
Registering a claim to copyright is not a substitute for recording a document with the U.S. Copyright Office, and recording a document is not a substitute for registering a claim to copyright. See 17 U.S.C. § 205. For a detailed discussion of the practices and procedures for recording a document with the Office, see Chapter 2300.
203 Timing of Registration
Registration may be made at any time before the copyright has entered the public domain. See 17 U.S.C. §§ 302–305 and 408(a). Generally speaking, a copyrighted work enters the public domain in the United States when “its full copyright term has expired.” Golan v. Holder, 132 S. Ct. 873, 878 (2012).
Although registration may be made at any time before a copyright expires or any time before bringing an infringement action in federal court, the U.S. Copyright Office strongly encourages copyright owners to submit their works for registration in a timely manner. As discussed in Section 202, a registration is a prerequisite for seeking statutory damages and attorney’s fees in an infringement action. To pursue these remedies, an unpublished work must be registered before the infringement occurs, while a published work must be registered within three months after publication or before the infringement occurs. See 17 U.S.C. § 412. Moreover, if the work is registered before or within five years after the work is first published, the registration constitutes prima facie evidence of the validity of the copyright and the facts stated in the certificate of registration.
204 Required Elements for Registration
To register a claim to copyright, an applicant must submit the following items to the U.S. Copyright Office:
- Completed application;
- Full filing fee; and
