The Common Law

The term "poor man's copyright" generally refers to the practice of sending a copy of your own work to yourself. Most people send the work via certified mail and do not open the envelope or package after receiving it. The idea behind the poor man's copyright is to have something that can help prove that you created a copyrighted work and the date you created it.

There is no provision, however, in the copyright laws that addresses or recognizes poor man's copyright, and it is not a substitute for registration. Accordingly, someone that is really concerned with verifying their copyright ownership of a particular work is generally better served to register the work with the U.S. Copyright office.

How do I register a copyright?

A person has to do several things in order to properly register a copyright with the U.S. Copyright Office. First, a completed registration application form must be submitted. The registration forms can be obtained online (go to www.copyright.gov) or by calling the 24-hour-a-day hotline (202/707-9100). Second, the copyright registration filing fee (currently $30) must be paid. Generally, each work being registered requires a separate application and fee. Third, a copy or copies of the work to be registered must be submitted. The copy of the work that is submitted will not be returned.

Copyright registration is not required in order to receive copyright protection. Nevertheless, copyright law provides some inducements and advantages to encourage copyright owners to register. For example, registration is almost always necessary before suing someone for copyright infringement. Moreover, by registering within three months of publication or before someone infringes on the work, the copyright owner will be able to recover additional damages in a lawsuit.