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Video instructions and help with filling out and completing How Form 5495 Copyright

Instructions and Help about How Form 5495 Copyright

You’re creating your masterpiece, but should you register the copyright? And if so, how does the process work? The United States Copyright Office registers over half a million copyright claims each year. Under current copyright law, you do not need to register your work to receive copyright protection in the United States. Instead, copyright protection is automatic as soon as an eligible work is created in a fixed and tangible form. But registration gives you several important benefits. First, to enforce your copyright in a U.S work in court you will need either a registration certificate or a letter of refusal from the Copyright Office. Second, registration can make it easier for you to prove your legal case. If you register your work before you publish it, or within five years after first publication, the facts on the certificate are presumed to be correct. As a result, during a lawsuit, the defendant, or person accused of infringement, carries the burden to prove that particular facts on the certificate are inaccurate. Third, if you register your work before someone infringes your rights, or within three months of first publishing the work, you can ask a court to have the infringer pay your attorney's fees. You’ll also be able to ask for statutory damages instead of actual damages, which can be difficult to prove in copyright cases. Finally, after registering your work, you can ask U. S. Customs and Border Protection to seize unauthorized imports of infringing copies. Registration also benefits the copyright system and the general public. It creates a public record of claims to ownership and authorship, which can help people contact a copyright owner to seek permission to use a work. So, now that you know how important it is to register your copyright, how do you do it? To register, submit an application to the Copyright Office. The standard application is generally the best option for one work. We strongly encourage filing online at copyright.gov. The online system offers many benefits, including lower filing fees, faster processing, electronic payment, and for some types of works, the option to upload your work. The Copyright Office also offers options for registering some types of works in groups using one application and filing fee. Before the Office can examine your application, it must be complete... meaning it must include the correct fee payment, as well as the required copy, or in some cases, copies of the work. The application form, filing fee, and other requirements depend on what type of work, or works, you’re trying to register. You can learn more at copyright.gov, where you’ll find guidance and tutorials for registering specific works. What happens when your application arrives at the Copyright Office? Once you submit your application, it is assigned to an examiner to determine whether your copyright claim can be registered. If there are questions, the examiner may email you, so, keep an eye on your inbox. The examiner first checks for missing information or mistakes, then compares the information on the application to the copy of the work you submitted. Examiners don’t normally investigate the factual claims made on the application, such as the identity of the author, or the date of creation, unless there are obvious contradictions in the application materials. The examiner may also have questions about information known by the Copyright Office or the general public. The examiner verifies that your ...

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