The No-Hassle Guide to Copyrighting Your Video Productions.

Steve Yankee

Ready to protect your precious video productions against unscrupulous video pirates and thieves? Before you apply for a copyright on your work, there are a couple of things about copyright law that you ought to know.

In reality, a published work (in this instance, we're talking about a videotape, motion picture or any other ‘visual’ production captured on video, DVD or film) is considered copyrighted when it is created and "fixed" in a copy. So if you've already produced your work and made a copy of it, it's automatically considered as a work that’s copyrighted.

Did you get that? When you create a production,
it's automatically considered copyrighted.

"So...Why Register With The U.S. Copyright Office At All?"

That’s a good question. And the best reason is because formal registration is required before you can take legal action in a copyright infringement suit.

In other words, before you slap those foolhardy video pirates with a big lawsuit, the prerequisite paperwork --in this case, your copyright registration --has to be filed and accepted. Registration actually makes a public record of your claim to your work.

Let the Public Know Your Work is Copyrighted.

Hey, you’ve all rented or bought the movies and DVD’s. You’ve seen the copyright info. In order to let the world know you’re putting out a legit production, it should contain (no big surprise here) a Copyright Notice.

This consists of the word "Copyright" or (c), followed by the year of first publication and the name of the Copyright owner. So if you'd like your video audience to know all this, insert a title: “(c) 2009 by John Doe” on your program with your titling software. Oh, and make sure this is appears as close as possible to the first time the program’s title appears onscreen. If they’re both on the same screen, that’s perfect.

You should also put that copyright notice somewhere on your packaging, too.

How Long Does A Copyright Last?

Since January 1, 1978, a Copyright is in effect for the author's life plus 50 years. If the author's name is not known (anonymous) or the author's real name is not known (pseudonymous) or the author is an employer (as in "works made for hire,") the duration is from 75 years from publication, or 100 years from creation --whichever comes first.

What Happened Prior To 1978? Anything copyrighted in or before 1977 was protected for a period of 28 years, with a renewal option for 47 more years. That means that anything that was copyrighted 75 or more years ago from today is now in the public domain. (A pity when I think about all those royalties I could be earning from Grandpa Herman's "Yankee Waltz," which he wrote and copyrighted in 1911... )

Filling out Application Form PA.

To properly copyright your work, you've got to fill out Application Form PA. These are available (free) from: Register of Copyrights, Copyright Office, Library of Congress, Washington, DC 20559. You can also get copies of Form PA by calling the Copyright Office Hotline number any time day or night at (202) 707-9100. The office encourages you to photocopy forms, as long as they're legible.

A copy of the form (which is rather complicated, incidentally) is available online, too.

After you've filled out your Form PA and sent it, along with your $30 fee and a copy of your work...

...you won't receive an acknowledgment that your application was received, since the office receives over half a million applications annually --but you should expect from them, within 4 to 5 months of submission at the latest --a Certificate of Registration to indicate your work has been registered. Well, either that or a letter or phone call requesting additional information.

It’s important to note that your registration is actually effective on the date that all the required elements –the application, the fee and the work itself --are received in the Copyright Office, regardless of when you receive your certification!

And I suggest that you don't wait too long 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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