Want to protect your valuable video from being copied without your permission? The US copyright laws are here to help you, but these laws and procedures have changed. So it is wise to visit the copyright office web site to get it right, but we’ll summarize it. The fact is that your video is copyrighted the moment it is created and “fixed” in a copy such as a DVD or online video. Each element of the video is merged into one and covered by one copyright. On the video and near or on the title screen you should place the line:
Copyright Â© 2010 (Copyright Owner Name Here) All Rights Reserved
The Copyright Office says you need either the word copyright or the symbol, but there are good reasons for printing it as we have above. In addition to placing this in the video, also include this line in your packaging such as a DVD case.
The Case For Registering Your Copyright
If your video was created on or after January 1, 1978, the Copyright is in effect for the author’s life plus 70 years after the author’s death. For works made for hire, and for anonymous works, the duration of copyright is 95 years from publication or 120 years from creation, whichever is shorter.
You may have heard of the “poor man’s copyright.” This is the practice of mailing yourself a copy of the video and not opening it. While it might be dramatic in court to open a sealed and dated package with your video, it could be easily claimed that the package had been tampered with. There is no provision in the copyright law regarding this “poor man’s copyright.” Don’t fool yourself.
Even though your video is copyrighted when you create it, there is a good reason to register your video with the U.S. Copyright Office. With a proper registration you would be able to bring a lawsuit against anyone who infringes your copyright (copies your video without your permission).
This article will save you some time and summarize the information, I highly recommend you spend some time browsing through Copyright Basics
http://www.copyright.gov/circs/circ1.pdf and Frequently Asked Questions
http://www.copyright.gov/help/faq/ on the Copyright Office Home page. You’ll learn such things as How do I protect my sighting of Elvis? and Can I get a star named after me and claim copyright to it? In addition to those frivolous items, you will find much solid information about this important topic.
How To Register Your Copyright
To Register go to http://www.copyright.gov/forms/
and choose one of the three ways to register:
1. Entirely online through the electronic Copyright Office. This is the cheapest and fastest. Go to http://www.copyright.gov and click on Electronic Copyright Office (eCO). The fee is $35. You can mail your video or upload it in any of the following formats:
.avi (audio video interleave)
.mpg, .mpeg (Moving Picture Experts Group)
.rm, .rv (Real Media File)***
.swf (Adobe Flash formerly Shockwave Flash)
.wmv (windows media video)
Read the instructions carefully at http://www.copyright.gov/eco/
2. Partially online with the fill-In Form CO.
The fee is $50 You cannot download this form and then fill it out. It creates interactive bar codes as you fill it out which is kind of cool. You must fill it out online, then print it, and mail it along with a check or money order and your video with a written description, press release or summary. You cannot upload your video, but must mail it as described below. The instructions are at http://www.copyright.gov/forms/
3. Even though the Government is phasing out paper forms, you can still register with paper forms. For this you must use Form PA. This form is not available online. It must be mailed to you. You can request this by phone (202) 707-3000 from 8:30AM to 5:00PM EST Monday through Friday, except federal holidays.
The item you are copyrighting is referred to as a deposit because in the case of motion pictures and videos, you must send a non-returnable copy to the Copyright Office.
For Applications Filed on Paper and for Deposits, mail to:
Library of Congress
U.S. Copyright Office
101 Independence Ave SE,
Washington, DC 20559-6238
(Note: the 6238 of this zip code is the specific address for motion pictures and audiovisuals works like videos.)
Mailing Your Video
Send your video along with a separate written description such as a synopsis or press release. When registering with the eCO, you will receive a shipping slip through your printer. This is unique to your copyright and must be included with the video if you choose to mail it.
To avoid damage to your hard-copy deposit caused by necessary security measures, package electronic media such as audiocassettes, videocassettes, CDs, and DVDs in boxes rather than envelopes for mailing to the Copyright Office.
The fees change so don’t incur delays by sending the wrong fee. Call 202 707 3000 for the current fees.
How Will You Know They’ve Received It?
If you apply for copyright registration online, you will receive an email stating that your application has been received. Otherwise, the Copyright Office does not provide a confirmation of receipt. Currently, if you use a commercial carrier (such as Federal Express, Airborne Express, DHL Worldwide Express, or United Parcel Service), that company may be able to provide an acknowledgment of receipt by the Copyright Office. Due to the mail disruption, an acknowledgment of receipt for mail sent via the U.S. Postal Service, e.g., certified, registered and overnight delivery, may take several weeks or longer to receive. Claims to copyright may also be hand-delivered to the Copyright Office.
How Long Does It Take?
This can take some serious time. It varies, depending on the number of applications the Office is receiving and clearing at the time of submission and the extent of questions associated with the application. Current processing times are:
Processing Time for e-Filing: Most online filers should receive a certificate within nine months. Many will receive their certificates earlier.
Processing Time for Form CO and Paper Forms: Most of those who file on these forms should receive a certificate within 22 months of submission. Many will receive their certificates earlier.
Note: Whatever time is needed to issue a certificate, the effective date of registration is the day the Copyright Office receives a complete submission in acceptable form. You do not need to wait for a certificate to proceed with publication.
And I suggest that you don’t wait to register; if you want to take full advantage of the copyright law and its legal recourses, you should register your work within three months of publication.
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