- For a discussion of works of the performing arts, see Chapter 800.
- For a discussion of visual art works, see Chapter 900.
- For a discussion of websites and website content, see Chapter 1000.
- For a discussion of mask works and vessel designs, see Chapters 1200 and 1300.
502 A Copyright Registration Covers a Claim in a Work of Original Authorship
The U.S. Copyright Office does not issue copyrights, but instead simply registers claims to copyright. See 17 U.S.C. § 408(a) (stating that “the owner of copyright or of any exclusive right in the work may obtain registration of the copyright claim” by submitting an appropriate application, filing fee, and deposit to the Copyright Office). The copyright in a work of authorship created or first published after January 1, 1978 is protected from the moment it is created, provided that the work is original and is fixed in a tangible medium of expression. 17 U.S.C. §§ 102(a), 408(a). In other words, the copyright in a work of original authorship exists regardless of whether the work has been submitted for registration or whether the Office has issued a certificate of registration for that work. See 17 U.S.C. § 408(a) (“registration is not a condition of copyright protection”).
A copyright “claim” is an “assertion of copyright [ownership in] … the work.” Applications for Registration of Claim to Copyright Under Revised Copyright Act, 42 Fed. Reg. 48,944, 48,945 (Sept. 26, 1977). Thus, when an applicant files an application to register a work of authorship, the applicant is asserting a claim of ownership in the copyright in that work.
Although registration is optional, there are important benefits for registering a claim to copyright and for doing so in a timely manner. For a discussion of these benefits, see Chapter 200, Section 202.
503 Identifying the Original Authorship That the Applicant Intends to Register
A copyright claim is a claim in the original authorship that an author or authors contributed to the work. The applicant – not the U.S. Copyright Office – must identify the original authorship that the applicant intends to register. In making this determination, the applicant may find it helpful to consider the following questions:
- What is the work of authorship?
- Who is the author(s) of the work?
- What type(s) of authorship did the author or co-authors create?
- Who owns the copyright in that authorship?
- Does the work contain unclaimable material?
Each of these topics is discussed in Sections 503.1 through 503.5 below.
