When the Rights Begin - Accrual of Copyrights and About the Mark and Registration Copyright protection is provided for in the laws of the United States and they give copyright owners the ability to sue in order to enforce the rights. Copyrights are said to accrue (begin) when the work is completed. Once the work is complete, a copyright exists, and the copyright protection attaches automatically. Therefore, as soon as the work is complete, the rights have accrued, and the owner of the copyright can enforce it. Copyrights are automatic. There is no requirement to mark a work with "Copyright" or , nor is there a requirement to register a copyright with the U.S. Copyright Office. U.S. Copyright law extends to protect works in the United States regardless of whether they are marked or not, whether or not the registration has been filed.1 No formalities are required for protection.  However, artwork may be registered with the U.S. Copyright Office and although it is not required, registration provides potential advantages.  Because a registered copyright is a public record, it provides an official notice to other people that your work is copyrighted.  Also, in the event that your rights are violated and you decide to bring a lawsuit against an infringer, filing a registration prior to beginning the lawsuit is required.  Copyright registration is a process where information about the artwork (or another type of copyrightable work) is filed with the U.S. Copyright Office. The Copyright Office is in the Library of Congress in Washington D.C. When the registration is filed, a copy of the work must be filed as well. This copy is the "deposit." The deposit is kept permanently in the Library of Congress. If a dispute later arises about the copyright of the work, this information and the deposit itself may serve as evidence of when the work was made, what it consists of, and who made it. The deposit files are generally accessible by the public (at least some historical works are available in this way). Once the copyright expires, the deposited artwork, and its original, may be copied freely by the public. There is a conceptual relationship in this process that exchanges present day legal rights with a future public right to the property. In theory, the artist has no fundamental (basic human) right to own the rights to the artwork that he or she created. This legal right to own the property, the intellectual property of work, is given by the U.S. Constitution. The conceptual balance is this: For the benefit of receiving the ability to have a copyright, the author (artist) must later benefit the public by transferring the rights to the people at large. In essence, once the copyright has expired (usually 70 years after the death of the artist), the copyright in the artwork is owned by the public. See, copyright term of duration. See also, Public Domain [article not yet available] Forms and information about registration are provided on the U.S. Copyright Office website.  At the present time, the fee for registering one artwork through the paper (hardcopy) process is $45 (May 2008).  However, registration is $35 if it is filed via the online web-based filing system (eCo system).  As mentioned above, registration requires the deposit of a copy or two of your artwork.  (Copies, not originals).  If using the paper process, whether you need to provide 1 or 2 copies will depend on if, when, and where the work has been published.  The registration form will specify the number of copies to deposit in its instructions.  Alternatively, the eCo system (online) requires one uploaded digital copy of the artwork. See, article about electronic registration of copyright and the related worksheet for online registration.
	As stated above, in the United States, an artist is not required to mark the work with (the “c” in a circle symbol) or register it for protection.2  However, doing this may be beneficial to the author (artist) if a problem should arise in the future.  Also, in some countries outside of the United States it may be important to mark artwork with the copyright indicator mark.  The typical format is such as:  Leonardo Vinci, 2007  or Copyright Leonardo Vinci, 2007. The year is the one in which the original work was completed, and hence, the time that the copyrights accrue (begin). Even though it’s not required, there are some reasons why it may be useful to include the mark on artwork whenever it’s possible to do so.  The following points include those with a legal basis, as well as certain practical reasons:
		Notice: The mark unequivocally provides notice to other people that the work is copyrighted.  Deterrence: The presence of the mark may offer some degree of discouragement to potential infringers. Evidence: The mark's presence on a work may serve as evidence that an infringer acted with bad faith and was aware of the copyright status. Damages: If a lawsuit develops and the defending infringer loses, certain additional damages (money) may be available to the successful copyright owner that might not otherwise be possible to obtain. Practical Attribution: The mark, along with your name and the year, identifies that you as the artist, and when the work was completed. Complying with Other Laws/Protections: Certain other laws relating to artwork require that the work be signed (and numbered, etc.). As a practical way to comply with other protection laws, it may be useful to include the copyright mark anyway, along with the artist's signature and any other information required to comply with other laws.3 International exhibitions and sales: If the artwork will ever leave the United States, it may enter a country where the mark is required for copyright protection. If this is the case, an unmarked work may not be protected by the local country's copyright laws. Marking works that may leave the United States may be a prudent measure for artists to take.
	More information, including frequently asked questions, is available on the Copyright Office's website: http://www.copyright.gov.
	1Copyrights are automatic in the United States and other countries that are signers on certain international treaties. However, in countries that are not treaty members, the circumstances and requirements may differ. The Copyright Office maintains a list of countries and the copyright agreements with the U.S. at http://www.copyright.gov/circs/circ38a.pdf. The treaty of the Berne Convention for Protection of Literary and Artistic Works is particularly significant for international copyright. 2 Photorecords of Sound Recordings should be marked with a "P" in a circle along with the year and owners name, rather than the © mark. In regards to using the "P" or other atypical marks, the copyright office states, "...Since questions may arise from the use of variant forms of the notice, you may wish to seek legal advice before using any form of the notice other than those given here." (http://www.copyright.gov/circs/circ1.pdf. Emphasis added. See page 5 of 12) 3 See, for example, The Visual Artist's Rights Act (VARA). Copyright © 2008 - 2010 Jennifer Unruh. Licensing Information.

Unless otherwise stated, the original writings contained in this website are solely the expression of opinion by the author(s) and are not intended to provide or be a substitute for professional legal advice. Statues and other governmental publications are provided for informational and educational purposes only. For legal matters, the advice of an attorney should be timely sought.  Be aware that the preservation of legal rights may be time sensitive. The author(s) does not promote or endorse any particular legal service provider. This website is not attorney advertising. Excluding government publications and other public domain materials, and unless otherwise stated, all literary content and text on this website is Copyright © 2007 - 2010 Jennifer Unruh. All rights reserved. Licensing Information. Website design including, but not limited to graphic design, images, and arrangement, are Copyright © 2007-2008 Jennifer Unruh unless otherwise indicated. All rights reserved. www.artuntitled.com