Circular 66
Copyright Registration for Online Works
Table of Contents
- General Information
- How to Register Your Work
- The Application
- The Deposit
- The Filing Fee
- For Further Information
General Information
This circular gives information about copyright registration of online works made available over a communications network such as the Internet. This information applies also to works accessed via network (websites, homepages, and FTP sites) and files and documents transmitted and/or downloaded via network.
Copyright protects original authorship fixed in tangible form (17 USC sec. 102(a)). For works transmitted online, the copyrightable authorship may consist of text, artwork, music, audiovisual material (including any sounds), sound recordings, etc. Copyright does not protect ideas, procedures, systems, or methods of operation (17 USC sec. 102(b)).
Under U.S. law, copyright protection subsists from the time the work is fixed in any tangible medium of expression from which it can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Copyright registration is not mandatory, but it has important benefits. For general information about copyright, request Circular 1, Copyright Basics. See “For Further Information” on how to obtain circulars and other information.
| Note: This circular does not apply to electronic registration or to electronic deposit of digital works through CORDS (the Copyright Office Electronic Registration, Recordation, and Deposit System). Until the new electronic registration system that is under development is operational, online works that are published or disseminated online must be registered under the current system using print or other physical formats as identifying material for the deposit. See “The Deposit” for more details. |
What the Registration of an Online Work Covers
For all online works other than computer programs and databases, the registration will extend only to the copyrightable content of the work as received in the Copyright Office and identified as the subject of the claim. The application for registration should exclude any material that has been previously registered or published or that is in the public domain. For published works, the registration should be limited to the content of the work asserted to be published on the date given on the application.
| Note: For a claim in a computer program that establishes the format of text and graphics on the computer screen when a website is viewed (such as a program written in html), registration will extend to the entire copyrightable content of the computer program code. It will not, however, extend to any website content generated by the program that is not present in the identifying material received and that is not described on the application. On the other hand, for all other computer programs that are transmitted or accessed online, as well as for online automated databases, the registration extends to the entire copyrightable content of the work owned by the claimant, even though the entire content is not required in the identifying material deposited. For more information about deposit requirements, see below. |
Revisions and Updates
Many works transmitted online, such as websites, are revised or updated frequently. Generally, copyrightable revisions to online works that are published on separate days must each be registered individually, with a separate application and filing fee (unless it meets the requirements in the following two sections). Registration of a revised version covers only the new or revised material added. The version of the work that is deposited should be the same version described on the application; thus, the title and dates on the application should correspond with those on the deposit copy. See Circular 14, Copyright Registration for Derivative Works, for important additional information on registering revised works.
Databases
In some cases, a frequently updated online work may constitute an automated database. A group of updates, published or unpublished, to a database, covering up to a 3-month period within the same calendar year, may be combined in a single registration. For more information about registering databases, request Circular 65, Copyright Registration for Automated Databases. All updates from a 3-month period may be registered with a single application and filing fee.
Serials and Newsletters
Group registration (a single registration covering multiple issues published on different dates) is available for serials (published weekly or less often) and daily newsletters (published more often than weekly), including those published online. The requirements vary, depending on the type of work. For more information about registering serials, request Circular 62, Copyright Registration for Serials; for daily newsletters, request Circular 62a, Group Registration of Daily Newspapers and Newsletters. There is a filing fee for group registration of serials and daily newspapers and newsletters.
| Note: Group registration for serials is available only if the claim is in a “collective work.” Thus, group registration is not available for electronic journals published one article at a time because such works are not collective works. |
How to Register Your Work
To register a work transmitted online, send the following three items together in the same envelope or package to:
Library of Congress
Copyright Office
101 Independence Avenue SE
Washington, DC 20559-6000
- A properly completed and signed application form
- Appropriate deposit material
- A nonrefundable filing fee* for each application in the form of a check or money order payable to Register of Copyrights
Detailed information on each of these is given below.
| *NOTE: Copyright Office fees are subject to change. For current fees, please check the Copyright Office website, write the Copyright Office, or call (202) 707-3000. |
The Application
What Form to Use
Use the form that corresponds to the type of authorship being registered, for example:
- Form TX—literary material, including computer programs and databases
- Form VA—pictorial and graphic works, including cartographic material
- Form PA—audiovisual material, including any sounds, music, or lyrics (*See filing fee information on page 3.)
- Form SR—sound recording, excluding sounds accompanying an audiovisual work
- Form SE—a single issue of a serial
- Form SE/Group—a group of issues of a serial, including daily newsletters
- Form GR/CP—a group of contributions to a periodical. (This form must be used in conjunction with Form TX, PA, or VA.)
If the work contains more than one type of authorship, use the form that corresponds to the predominant material.
The various classes (TX, PA, VA, SR) are for administrative purposes only. A work may be registered on any form. Exceptions: A sound recording (sounds that do not accompany a series of images) must be registered on Form SR. Form SE/Group may be used only for group registration of serials. For more information, see Circular 56, Copyright for Sound Recordings.
How to Complete the Form
In general, complete the form as explained in the instructions and in applicable Copyright Office circulars. Information specific to online works is given in more detail below.
Space 2: How to Describe the Nature of Authorship. In space 2 of the application, describe the original authorship being registered. Use terms that clearly refer to copyrightable authorship. Examples are “text,” “compilation,” “music,” “artwork,” “photographs,” “audiovisual material” (including sounds) or “sound recording” (when the sounds do not accompany a series of images).
Do not use terms that refer to elements that are not protected by copyright or may be ambiguous, for example, “website,” “interface,” “format,” “layout,” “design,” “look of website,” “lettering,” “game,” or “concept.”
Space 3: Determining If Your Work is Published or Unpublished. The definition of “publication” in the U. S. copyright law does not specifically address online transmission. As has been the long-standing practice, the Copyright Office asks the applicant, who knows the facts surrounding distribution of copies of a work, to determine whether the work is published or not.
In the current copyright law, “publication” is defined as “the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication. A public performance or display of a work does not of itself constitute publication” (17 USC sec. 101).
Published works: If you determine that your work is published, give the complete date and nation of first publication in space 3b of the application. For a revised version, the publication date should be the date the revised version was first published, not the date the original version first appeared online. For registration purposes, give a single nation of first publication, which may be the nation from which the work is uploaded.
| Note: If the same work is published both online and by the distribution of physical copies and these events occur on different dates, the publication date should refer to whichever occurred first. For what to deposit in this case, see the “Exception” section below. |
Unpublished works: If you determine that your work is unpublished, leave space 3b blank. Do not write “Internet,” “homepage,” or any other term in this space.
The Deposit
All works transmitted online excluding computer programs, databases, and works fixed in CD-ROM format:
The deposit regulations of the Copyright Office do not specifically address works transmitted online. Until the regulations are amended, and under the authority granted the Copyright Office by 37 CFR 202.20(c)(2)(viii), the Office will require the deposit of one of the following:
- Option 1: A computer disk or CD-ROM containing the entire work and representative portions of the original authorship being registered in hard copy (printout, audiocassette, or videotape, as appropriate). If the work is short (five pages or less of text/artwork, or 3 minutes or less of music, sounds, or audiovisual material), deposit the entire work and confirm that it contains the entire copyrightable content. If the work is longer, deposit five representative pages or 3 representative minutes, including the title, author, and copyright notice, if any. The hard copy should include the title, author, and copyright notice, if any. A label with the information should be placed on the disk or CD-ROM case. Do not label the CD-ROM itself.
or
- Option 2: A nondigital copy of the entire work, regardless of length, in the appropriate format for the work being registered, for example, a printout, audiocassette or videotape. No computer disk or CD-ROM is required with option 2.
Exception: If a work is published both online and by the distribution of physical copies in any format, the requirement of the deposit regulations for the copies applies, not the options for online works given above. For example, if a work is published in the form of hardbound books and is also transmitted online, the deposit requirement is two copies of the hardbound book.
Original vs. revised versions: To register a revised work, deposit the revised copy. To register the original version of any work, deposit the original version without any subsequent updates. If no copy of the version you want to register is available, it may be possible to register that version using a copy of a later version under a grant of special relief. In this case, submit a written request for special relief to the U. S. Copyright Office, attention of the Examining Division Office. Explain why the required version is not available and indicate what percentage of the authorship from the version to be registered remains in the version you are depositing. Your request will be evaluated upon receipt.
Computer Programs, Databases, and Works Fixed in CD-ROM Format Transmitted Online
For computer programs, databases, and works fixed in CDROM format that are transmitted online, specific deposit provisions of Copyright Office regulations or practices apply. See 37 CFR 201.2 (b)(7), 202.20(c)(vii), and 202.20(c)(xix).
For further information concerning computer programs, see Circular 61, Copyright Registration for Computer Programs. Please note that generally a claim in a computer program alone will extend to any copyrightable screen displays generated by the program, without the need for a specific claim in that material or the deposit of additional identifying material. Where a specific claim in the screen displays and the computer program is made, it is only necessary to include representative screen displays with the identifying material for the program. A claim in a computer program that establishes the format of text and graphics for a website, however, does not automatically extend to any screen display material. Where an application for such programs specifically includes a claim in screen display material, a reproduction of all the material being claimed must be deposited along with the identifying material for the program. Where the website material is embedded in the computer program, and registration covering this material together with the computer program is desired, the entire program must be deposited.
For further information about automated databases, see Circular 65, Copyright Registration for Automated Databases.
For works that are made available in CD-ROM format as well as transmitted online, a complete copy of the CD-ROM package, including any operating software or instruction manual, is required.
For Further Information
Information via the Internet
Circulars, announcements, regulations, other related materials, and all copyright application forms are available from the Copyright Office website at www.copyright.gov.
Information by telephone
For general information about copyright, call the Copyright Public Information Office at (202) 707-3000. The TTY number is (202) 707-6737. Staff members are on duty from 8:30 am to 5:00 pm, eastern time, Monday through Friday, except federal holidays. Recorded information is available 24 hours a day. Or, if you know which application forms and circulars you want, request them 24 hours a day from the Forms and Publications Hotline at (202) 707-9100. Leave a recorded message.
Information by regular mail
Write to:
Library of Congress
Copyright Office
Publications Section
101 Independence Avenue SE
Washington, DC 20559-6000
Circular 66, Revised July 2006
This electronic version has been altered slightly from the original printed text for website presentation. For a copy of the original circular, consult the PDF version or write to Copyright Office, 101 Independence Avenue SE, Washington, DC 20559-6000.