Copyright Registration for Multimedia Works

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Circular
 
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2 55.1013
Copyright Registration
for Multimedia Works
Excluding its container, a multimedia work combines authorship in two or
more media. A multimedia work is often instructional. The authorship may
include:
• text
• photography
• artwork
• sounds
• sculpture
• music
• cinematography
• choreography
The media may include two or more of the following:
• printed matter, such as a book, charts or posters, or sheet music
• audiovisual material, such as a filmstrip, slides, videotape, or videodisc
• a phonorecord, such as an audiodisc or audiotape or
• a machine-readable copy, such as a computer-read disc, tape, or chip
A multimedia work may have several copyrightable elements, usually
including a motion-picture element or other audiovisual element, or a sound
recording element. For the purpose of copyright registration, it is important to
identify the separate copyrightable elements contained in the multimedia work.
Identifying the elements will help you to determine which application form to
use and what type of material to deposit.
An audiovisual element consists of a series of related pictorial images intended
to be shown by the use of projectors, viewers, or electronic equipment. This ele-
ment may be a filmstrip, slides, a film, a videotape, a videodisc, or a CD-I (inter-
active compact disc).
A motion-picture element is an audiovisual element that consists of a series of
related images that, when shown in succession, impart an impression of motion.
This element may be in the form of film, videotape, videodisk, or a CD-I.
A sound-recording element is a series of recorded sounds. Sounds accompa-
nying an audiovisual or motion picture element are not defined in the copy-
right law as a “sound recording.”
How Copyright Is Secured
Statutory copyright protection begins automatically when a work is created in
a fixed form such as a writing or recording. The Copyright Office, an office of
public record, registers claims to copyright and issues certificates of registration; it
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Copyright Registration for Multimedia Works · 2
does not “grant” or “issue” copyrights. See Circular 1, Copyright
Basics, for the benefits of registration.
Registration Procedures
An application for copyright registration contains three
essential elements: a completed application form, a nonre-
fundable filing fee*, and a nonreturnable deposit, that is, a
copy or copies of the work being registered and “deposited”
with the Copyright Office.
Below are two options for registering your copyright,
beginning with the fastest and most cost-effective method.
*note: Copyright Office fees are subject to change. For current
fees, check the Copyright Office website at www.copyright.gov,
write the Copyright Office, or call (202) 707-3000.
Option 1: Online Registration
Online registration through the electronic Copyright Office
(e CO) is the preferred way to register basic claims for literary
works; visual arts works; performing arts works, including
motion pictures; sound recordings; and serials. Advantages
of online filing include:
• a lower filing fee
• fastest processing time
• online status tracking
• secure payment by credit or debit card, electronic check,
or Copyright Office deposit account
• the ability to upload certain categories of deposits directly
into eCO as electronic files
note: You can still register using eCO and save money even if
you will submit a hard-copy deposit. The system will prompt
you to specify whether you intend to submit an electronic or a
hard-copy deposit, and it will provide instructions accordingly.
Hard-copy deposits are required for all published works.
To access eCO, go to the Copyright Office website at www.
copyright.gov and click on electronic Copyright Office.
Option 2: Registration with Paper Forms
Paper versions of registration forms and Form CON (con-
tinuation sheet for paper applications) are available on the
Copyright Office website, or staff will send them to you by
postal mail upon request. Remember that online registration
through eCO (see above) can be used for musical compositions.
Mailing Addresses for Applications Filed on Paper and for
Hard-copy Deposits
Library of Congress
U.S. Copyright Office
101 Independence Avenue SE
Washington, DC 20559
Single Unit Registration
All copyrightable elements of a multimedia kit may generally
be registered with one application, deposit, and fee, provided:
1) they are not published, or if published, are published
together as a single unit; and 2) the copyright claimant is the
same for each element. A multimedia kit does not qualify for
the “single application” that is in use on an interim basis to
provide an additional option for individual authors or claim-
ants registering one work online that is not a work made for
hire.
Separate registrations for individual elements may be made
by submitting a separate application and filing fee for each. A
separate registration is required for any element of a multi-
media kit that is published separately or claimed by someone
other than the copyright claimant for the other elements.
note: The elements that you wish to register must be present and
appear in the deposit. You may not register elements that are
not protected by copyright, such as concepts, ideas, or methods.
Deposit Requirements
The application must be accompanied by a deposit of the
work to be registered. The deposit requirement varies
according to the type of work being registered, and whether
the work is published or unpublished. Deposited copies or
phonorecords will not be returned.
Unpublished Works
Deposit one complete multimedia kit, containing all ele-
ments covered by the registration. (All elements should bear
the title of the work. If the work contains color, the copy sent
as a deposit should be in color.)
Published Works (See below for the definition of publication.)
For a multimedia kit first published in the United States,
deposit one “complete copy” of the best published edition.
A “complete copy” includes all copyrightable elements in the
unit of publication. See Circular 7b, Best Edition, for infor-
mation on the best edition criteria.
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Copyright Registration for Multimedia Works · 3
Either one complete copy of the work as first published
or one complete copy of the best edition of the work is the
required deposit for works first published only in a country
outside the United States.
Works Containing a Motion-Picture Element
If the multimedia kit contains a motion-picture element,
deposit a description of the motion picture in addition to
the normal deposit requirements. The Library of Congress
prefers the most detailed description possible, such as a
shooting script, but will accept a synopsis or other gen-
eral description. See Circular 45, Copyright Registration for
Motion Pictures.
Works Containing an Element Fixed or Published
in Machine-Readable Copies
When the multimedia kit contains authorship that is fixed or
published only in machine-readable form, such as a computer
tape or disc, or a semiconductor chip, deposit the appropriate
identifying material for the machine-readable copy.
Pictorial Images · If the machine-readable copy produces
a series of pictorial images (such as a videogame or instruc-
tional work), deposit the following material for this kind of
audiovisual work:
1 	A written synopsis or outline of the content of the audio-
visual work; and
2 A reproduction of the audiovisual elements, in the form of:
a A videotape, depicting representative portions of the
copyrightable content, or
b A series of photographs or drawings depicting repre-
sentative portions of the work; and
3 	The container and any instructional guide, if either con-
tains authorship in which copyright is being claimed.
note: If the pictorial images exist in color, they should be
reproduced in color. If the work is published with a copyright
notice, the notice and its position on the work must be clearly
shown on the identifying material.
Textual Images · If the machine-readable copy produces
only a series of textual images, deposit one copy in visually
perceptible form of the first and last 25 pages or the equiva-
lent and five or more pages of the remainder, including the
copyright notice, if any.
Musical Compositions · If the machine-readable copy pro-
duces a musical composition, deposit a notated transcription
or recording (audiotape or audiodisc) of the entire work.
Sound Recordings · If the machine-readable copy produces
a sound recording, deposit a recording of the entire work on
an audiotape or audiodisc.
Computer Programs · If the machine-readable copy con-
tains a computer program, deposit the first and last 25 pages
of the source code printout. See Circular 61, Copyright Regis-
tration for Computer Programs, for further information.
note: Regardless of the application form used, the application
may include a claim in all accompanying authorship.
Publication
Under the 1976 Copyright Act, publication is 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 per-
formance, or public display constitutes publication.
The following acts do not constitute publication: per-
forming or displaying the work, preparing copies or phono-
records for publication, or sending the work to the Copy-
right Office for registration.
The definition of publication as stated in the previous two
paragraphs applies only to works published under the copy-
right law that took effect January 1, 1978. For information
about works published prior to that date, call or write the
Copyright Office.
Notice of Copyright
Before March 1, 1989, the use of copyright notice was man-
datory on all published works, and any work first published
before that date should have carried a notice. For works first
published on and after March 1, 1989, use of the copyright
notice is optional. For more information about copyright
notice, see Circular 3, Copyright Notice.
Effective Date of Registration
When the Copyright Office issues a registration certificate,
it assigns as the effective date of registration the date it
received all required elements—an application, a nonrefund-
able filing fee, and a nonreturnable deposit—in acceptable
form, regardless of how long it took to process the applica-
tion and mail the certificate. You do not have to receive your
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Copyright Registration for Multimedia Works · 4
U. S. Copyright Office · Library of Congress · 101 Independence Avenue SE · Washington, DC 20559 · www.copyright.gov
circular 55 reviewed: 10 ⁄ 2013 Printed on recycled paper 	u.s. government printing office: 2013-xxx-xxx ⁄ xx,xxx
certificate before you publish or produce your work, nor
do you need permission from the Copyright Office to place
a copyright notice on your work. However, the Copyright
Office must have acted on your application before you can
file a suit for copyright infringement, and certain remedies,
such as statutory damages and attorney’s fees, are available
only for acts of infringement that occurred after the effective
date of registration. If a published work was infringed before
the effective date of registration, those remedies may also be
available if the effective date of registration is no later than
three months after the first publication of the work.
Requests to have certificates available for pickup in the
Copyright Office or to have certificates sent by Federal
Express or another mail service cannot be honored. If you
want to know the date that the Copyright Office receives
your paper application or hard-copy deposit, send it by regis-
tered or certified mail and request a return receipt.
For Further Information
By Internet
Circulars, announcements, regulations, other related materi-
als, and all copyright application forms are available on the
Copyright Office website at www.copyright.gov. To send an
email communication, click on Contact Us at the bottom of
the homepage.
By telephone
For general information about copyright, call the Copyright
Public Information Office at (202) 707-3000 or call 1-877-
476-0778 (toll free). 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, call the Forms and Publications Hotline at (202)
707-9100, and leave a recorded message.
By regular mail
Write to:
Library of Congress
Copyright Office– COPUBS
101 Independence Avenue SE
Washington, DC 20559
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