A recent Washington Post article reported that the Copyright Office is experiencing a sixteen-month backlog in processing copyright registration applications. The backlog is attributed to growing pains as the Copyright Office transitions from a registration process in which it accepted hard copy paper applications to a registration process in which the Copyright Office encourages applicants to file electronically.
My Own Recent Experiences with Copyright Registration Processing
In Winter 2008, I prepared and filed two separate copyright registration applications on behalf of clients. This was prior to the broad availability of the Copyright Office’s electronic registration system so I filed hard copy paper applications.
The First Application. The first was a simple registration of a direct-to-dvd film production. I received the copyright registration certificate for the dvd in July 2008. That was about six months after the filing date which is the processing time one normally expects of the Copyright Office.
The Second Application. The second was a registration for a website and was a bit more complicated. To minimize copyright registration applications and filing fees for the client, I filed the website copyright registration application as a group registration for an automated database. If your website qualifies as an automated database, you can file all updates from a three-month period on a single application for one filing fee. Normally, registration covers the website only as it existed on the registration date. That means registration of later revisions to your website normally requires an additional application and an additional registration fee.
I received the registration certificate for the website just last week! Seventeen months after the filing date! Whew!
Here’s the Good News
Here are two note-worthy points the Washington Post article did not make explicitly clear:
First Point. Registration with the Copyright Office is not required to have a valid copyright in your work. Under current law, you have a valid copyright as soon as you create your work and fix in a tangible medium of expression meaning you have to write it down, record it, or save it to a computer file. While registration is not required, it does provide a number of benefits that help you maximize the protection in your work. Second Point. Even though it may take the Copyright Office six to eighteen months to process your application, your registration is effective as of the filing date.