Benefits of Copyright Registration:
- A public record deters infringement.
- Importantly, you cannot bring a lawsuit for copyright infringement until you register the work.
- Registration within five years of publication is considered prima facie evidence of ownership in court.
- You may be eligible for statutory damages and attorney’s fees, provided you registered the copyright prior to the infringing activity, or within three months of the first publication. So, the sooner you register, the better.
- A registered copyright can be recorded with the U.S. Customs and Border Protection to prevent infringing copies from entering U.S. commerce.
ASK IP LAW assists clients in identifying copyrightable material and guides clients through the application process. A non-exhaustive list of flat fee rates are provided below.
Frequently Asked Questions:
Can I use the copyright notice on my work prior to receiving a copyright registration? YES. It is not required, but it is recommended to put the public on notice and prevent a possible “innocent infringement” claim. An innocent infringer is still an infringer, but this defense could result in decreased statutory damages.
There are three parts to a copyright notice:
- copyright symbol ©; “copyright”; or “copr.”;
- year of first publication of the work; and
- name of the copyright owner.
What year should I use in the copyright notice on my website? The year I first published content, or the latest year that I added to the website? If you are adding content to your website, such as blog posts, you can include a date range that encompasses the range of years. For example, Copyright 2020-2021 ASK IP LAW.
Flat Fee Services:
Copyright Application: $650
- 30 minute consultation
- guidance on appropriate deposits to the U.S. Copyright Office
- preparing and filing the copyright application with the U.S. Copyright Office
- monitoring the application and providing status updates
- forwarding the registration certificate, should one be issued
This fee does not include the filing fees charged by the Copyright Office. Currently, the Copyright Office charges $45 for an electronic application for one work, by a single author and same claimant, that was not made for hire. The U.S. Copyright Office fees vary depending on the type of application.
Work for Hire Agreement: $950
Paying for someone’s services does not necessarily mean you become the copyright owner of their creative work. If you are commissioning a work, you should ensure that you have a Work for Hire Agreement with the creator.
- 30 minute consultation to discuss the commissioned work and terms of the agreement
- Drafting the agreement
- Review of the agreement and one revision if any changes are necessary
Cease and Desist Letter: $850
- 30 minute consultation
- research regarding the potential issues
- drafting the cease and desist letter
Copyright Assignment or Licensing Agreement: Flat Rates Vary
A copyright assignment is the transfer of an owner’s rights, in whole or part, of a creative work. A licensing agreement allows another party to use, but not own, the creative work. Assignments and licensing agreements can range in complexity. It is important to draft the assignment or licensing agreement specific to your needs and not rely on boiler plate templates. As such, flat fees vary.
Please contact ASK IP LAW if you would like to discuss a copyright assignment or licensing agreement.
ASK IP LAW’s website, including all blogs or articles, constitutes attorney advertising, and is educational and journalistic expression not intended as legal advice. If you need advice regarding your legal matters, please contact ASK IP LAW.