I Registered the Copyright in my Blogs

Jump for Joy! by dospaz

DISCLAIMER: Recent conversations with the Copyright Office have led me to change my stance regarding blogs and copyright registration. Please see this post for my updated views.

I finally decided to practice what I preach and I registered the copyrights in my blogs over the weekend. For those of you who don’t know, I have two blogs: this one and my personal blog The Undeniable Ruth. I post weekly on each one.

My work only exists on my websites so the first thing I had to do was create a document that compiled all of my posts for each blog. This blog wasn’t too bad since I’ve only had it since January. I’ve been publishing weekly on The Undeniable Ruth since January 2010, not to mention all the extra posts I did for Sponsor A Law Kid, so creating a master document for that took the better part of two days. That was a pain in the ass that I don’t want to repeat. Once I had these documents created, I saved them as PDFs.

The first time I used the U.S. Copyright Office website, it was kind of stressful. It isn’t always obvious what you’re supposed to do to create a profile and to apply to register your copyright. I had to read each screen at least twice to make sure I was filling everything out properly. You have to go through about eight screens to fill out the application, upload your document, and pay the fee ($35 for literary work). It was really weird that the site makes you pay the fee first and then upload your work.

You have the option to submit your work and payment online or to send it in. According to the site it currently takes about 2.5 months to process your application if you do it electronically and 6.5 months if you mail in your work.

Once I got through the copyright application process once, the second time through went much faster. If you’re looking to register your copyrights, I strongly recommend doing it the first time with a copyright attorney or someone who has gone through the process before. As an intellectual property attorney, I had the benefit of understanding all the verbiage on the application which made it easier to navigate.

This was the first of several copyright applications to come. Since my work is on my blogs, I have to re-register my work every three months to ensure that my new content is protected. You have copyright rights in your work the moment you create them, but you have to register your work if you want to sue someone for infringement if they steal your content. If you register your work within three months of publication or one month of learning of the infringement (whichever is first!), you’re eligible for attorneys’ fees and statutory damages which can go up to $150,000. If you don’t register within this time period, you’re only eligible for your actual damages, which in the world of  blogging could be $0.00.

If you have a blog, I recommend registering your work every three months. Put a standing reminder to yourself on your calendar. Start a master document for your blog posts now so you don’t have the arduous task of compiling your work every time it’s time to re-register your work. If you don’t want to do this yourself, hire an attorney to do it for you. The time to protect your work is now. If wait until someone steals your work, the options you have left may not be worth pursuing.

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Please visit my homepage for more information about Carter Law Firm.

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Comments

  1. Peggy Gruenke says:

    Ruth – what a great post an very timely for me. I am mentoring a start-up company through a micro-lending non-profit called Bad Girl Ventures (thought you would like the name). We were just talking about copyrighting web content. Does this process apply for web content as well as blogs? And I will make sure I copyright my stuff.

    • Thanks Peggy! I love the company’s name!

      If the content isn’t going to change, it only has to be registered once, but if they have content that is constantly evolving, like a blog, then it needs to be re-registered every 3 months.

  2. Rhonda Holscher says:

    Hi Ruth! When you say content that is changing like your blog to be registered every 3 months does this mean you have to register the blog and resubmit all previous content or just new content moving forward? Also, the $35 fee is that a per blog post or per blog period fee?

    • Resubmit all the content every 3 months. The $35 fee applies to each blog period, not each post. You could register each post individually if you wanted, but that could get expensive fast. Or if you think one post is so good that it will likely be stolen and illegally reproduced, you might want to register it individually. These are good questions to ask your IP attorney about.

  3. Can a blog be registered with the Copyright Office as a serial ?

    • Ruth Carter says:

      I called the Copyright Office about this very question and they said, “No.” However, if you read the law about what constitutes a serial and you feel like your blog qualifies, I think it’s worth trying to do.

Trackbacks

  1. [...] you may want to have all your options available to you if it does. You can read about my experience registering my blogs’ copyrights in a post I did just after my first registrations. Registering a literary work only costs $35 per [...]

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