U.S. Copyright Office Compendium

Discussion in 'Destination360 Copyright and DMCA settlements' started by d360, Mar 8, 2017.

  1. d360

    d360 Administrator

    Compendium of U.S. Copyright Office Practices (The bible of Copyright Law)

    The first major revision in more than two decades, the Third Edition presents more than 1200 pages of administrative practices and sets the stage for a number of long-term improvements in registration and recordation policy.

    Compendium, Third Edition | U.S. Copyright Office


    Some highlights in Copyright Law are with regards to copyright of unpublished collections.

    • The U.S. Copyright Office has established an administrative procedure that allows an applicant to register a number of unpublished works with one application, one filing fee, and one set of deposit copies. This is known as the “unpublished collection” option. A registration issued under this option covers each work that is submitted for registration. It may also cover the compilation authorship (if any) involved in selecting the works and assembling them into a collective whole, provided that the applicant expressly claims that authorship in the application. See 37 C.F.R. § 202.3(b)(4)(i)(B). When no selection, coordination, or arrangement is claimed, the Office considers each work to be individually registered for purposes of statutory damages.

    • 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 To pursue these remedies, an unpublished work must be registered before the infringement occurs, while a published work must be registered within three months after publication or before the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.

     
  2. EdGarvin

    EdGarvin New Member

    Something else to keep to consider when filing unpublished works for copyright is to register them correctly and to maximize the potential for damages if infringed.


    For example, when a website consisting predominantly of photographs is registered as a compilation, a court may issue only one award of statutory damages for all the photographs covered by that registration. That is not necessarily the case, however, if the photographs are (i) unpublished and are registered as an unpublished collection (if no selection or arrangement is claimed), or (ii) are published and are registered using the group registration option for groups of published photographs. See 37 C.F.R. § 202.3(b)(4), (b)(10). Thus, if the applicant only intents (sic) to register individual works on a website, such as an unpublished collection of photographsthe applicant may want to include a statement in the application that the claimant claims no authorship in the selection, coordination, and/or arrangement of works within the website. When completing an online application this statement may be provided in the Note to Copyright Office field.

    So include this note in registration:

    "Individual works are being registered as an unpublished collection with no authorship claimed to the selection, coordination, and/or arrangement of the individual unpublished works being registered."

    I hope that helps.
    Ed
     

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