When I present on copyright issues during my speaking engagements, I am frequently asked about copyright registration and whether they need to register their copyright. The truth is, you technically don’t have to (but finish this article to see how not filing could hurt you before you wash your hands of the matter). Under the current Copyright Act, you have a copyright as soon as the work is completed and in some format that others can interact with – for example, when your manuscript is typed into your computer or your painting is on your canvas. That said, registration is still an excellent idea for several reasons:

  • It puts the world on notice that you have a copyright and want to protect it.
  • If you have to sue someone for copyright infringement, you can’t file the lawsuit until the copyright is registered. If it’s registered beforehand, you can get into court faster.
  • If the copyright is registered before the infringement started, you can get statutory damages. In other words, the court will assume the infringer knew they were infringing, and they’ll punish them with extra fines.

In addition, the registration process is straightforward and relatively inexpensive since the Copyright Office wants to encourage people to register. I offer this as one of my services, but I encourage people to look at the Copyright Office website first and decide if they feel they need a lawyer for this.


What about the “poor man’s copyright?”


This is one of those myths that refuse to die. Every so often, someone asks me about this. The story goes that if you don’t want to register formally, you can mail a copy of the work to yourself, which counts as a copyright.


Unfortunately, that’s not the way it works. If your work meets the requirements for a copyright, then it has a copyright. If your work is on file with the Copyright Office, then it’s registered. Mailing a copy to yourself doesn’t change anything. However, it can serve one purpose. If you get sued for infringement (or you sue someone else for infringement), a postmarked, unopened envelope can serve as proof that the work existed in a certain format at a certain time. So, mailing a copy to yourself can be useful, but not for the purpose of securing a copyright or a copyright registration.


If you have further questions, want to ask me about registering your copyright, or would like me to present on this or other intellectual property topics at an upcoming event or convention, you are welcome to email me at kaway@kawaylaw.com.

Kelly Way Attorney pic and bio Kelley Way was born and raised in Walnut Creek, California. She graduated from UC Davis with a B.A. in English, followed by a Juris Doctorate. Kelley is a member of the California Bar and an aspiring writer of young adult fantasy novels.