Copyright Registration Benefits for Your Original Works

What you already have without registration

Copyright protects original works of authorship fixed in any tangible medium of expression, such as literary, musical, dramatic, pictorial and sculptural works and sound recordings (17 U.S.C. 102(a)). The Copyright Office says copyright exists from the moment the work is created and fixed in a tangible form.

The owner has these exclusive rights (17 U.S.C. 106). They come from the statute, not from registration. Registration changes how easily the owner can enforce them.

• Reproduce the work in copies or phonorecords.
• Prepare derivative works, such as a film adaptation of a novel.
• Distribute copies to the public by sale, rental, lease or lending.
• Perform the work publicly, such as a play or a song.
• Display the work publicly, such as a photograph or an artwork.
• Perform a sound recording publicly by digital audio transmission.

Who owns the copyright

Copyright vests initially in the author (17 U.S.C. 201(a)). The author is usually the person who created the work.

For a work made for hire, the employer or the person for whom the work was prepared is treated as the author, unless the parties agree otherwise in a signed written instrument (17 U.S.C. 201(b)). A work prepared by an employee within the scope of employment is a work made for hire. A work specially commissioned from a contractor counts only if it falls in one of nine categories listed in 17 U.S.C. 101 and the parties sign a written agreement that says so.

Ownership can be transferred in whole or in part by any means of conveyance or by operation of law (17 U.S.C. 201(d)).

What registration adds

• Right to sue: a U.S. work must be registered before an infringement action (17 U.S.C. 411(a)). The Supreme Court held that registration happens when the Copyright Office registers the work, not when you apply (Fourth Estate, No. 17-571).
• Evidence: a certificate for a registration made no later than five years after first publication is prima facie evidence of the validity of the copyright and of the facts stated in the certificate (17 U.S.C. 410(c)).
• Statutory damages and attorney’s fees: available only if the work was registered in time (17 U.S.C. 412). Statutory damages are generally $750 to $30,000 for any one work, and up to $150,000 for willful infringement (17 U.S.C. 504(c)).
• Public record: registration puts the facts of your copyright on the public record (Copyright Office FAQ).

Why timing matters

Registration after an infringement starts still lets you sue. It limits the remedies. The effective date of registration is the day the Copyright Office has received the application, the deposit and the fee, if they are later found acceptable (17 U.S.C. 410(d)).

Note 1

Fees and how to register

Fees (Copyright Office fee schedule, checked 26 October 2026): $65 for the Standard Application and $45 for the online Single Application, which is for one work by a single author, with the same claimant, not made for hire. A paper application costs $125 (current fees in the Office’s notice of 20 March 2026).

The Office proposed a new schedule in March 2026: $85 for the Standard Application, no Single Application and $185 for paper. It sent a final proposal to Congress in July 2026 and says it aims to start new fees in fall 2026. The final figures may differ, so check the fee page on the day you file.

Apply online through the Electronic Copyright Office (eCO) with the application, the fee and a copy of the work. To register several unpublished works by the same author at once, see Group Registration of Unpublished Works.