How Long Does it Take to Get a Copyright Registration?

I have discussed before the importance of registering your copyrights, which gives you the ability to enforce your copyrights.  Once you submit your application for registration, you will wait for some time before hearing back from the Copyright Office regarding your application.

What Communication You Will Receive From the Copyright Office

You will not receive an acknowledgment that your application has been received (although if you file online, you will get an electronic filing receipt).  Rather, some time later after your application has been picked up by a registration specialist, you will either get a phone call or letter if further information is needed to process your application or a certificate of registration indicating that your work has been registered or a letter explaining why your application has been rejected.

When You Will Hear From the Copyright Office: Paper vs. Electronic Applications

So how long will it be before you hear from the Copyright Office?  The Copyright Office, like the Patent Office, has a substantial and fluctuating backlog of applications.  The time it takes for your application to be processed depends on the current backlog.  This post was written in July, 2009.  The goal is less than six months for paper applications and less than one month for electronic applications.

However, as an article in the Washington Post recently discussed (HT: Just-n-Examiner), the transition to the new electronic filing system has apparently created a backlog much larger than normal.  Paper applications are now taking about 18 months! Electronic applications are processed much faster- in about 6 months.  To encourage applicants to use the more efficient electronic filing system, paper filing fees are due to increase to $65 in August 2009, while electronic filing fees will remain $35.

These are good reasons to use the electronic filing system. If you are not comfortable using it, I recommend using the services of an attorney who specializes in copyright/intellectual property law.

Your Effective Copyright Registration Date

The Washington Post article I linked to also quotes a few artists, some of whom are delaying pursuing business opportunities until they receive their registration. I wish they had consulted a copyright attorney! It is probably not a good idea to delay for a year or more just to get your registration in hand. As long as all the required application elements are present and in an acceptable form, your copyright registration is effective the date the Copyright Office receives your application. This date is not affected by the amount of time it takes to process your application.

Of course, you may be concerned that you might have failed to supply all the required elements in an acceptable form, or that your application will otherwise encounter some sort of difficulty at the Copyright Office that results in a registration not being issued.  However, most applications for copyright registration are relatively straightforward and approved without any problems.

You have to balance the costs and benefits to you personally, but especially if you have used a qualified copyright attorney to file your application, I think  fear of a potential problem with your application will rarely outweigh the huge downside of delaying your business plans for 18 months or even for six.

Summary

If you use a copyright attorney and file your application online (electronically) today, you should get a registration in about 6 months, but the effective date of your registration will be today. You should discuss this with your copyright attorney, but it most likely is not worth waiting for your registration before getting serious with your creative work.

If you need to have the ability to sue immediately upon release of your work, it may be worth investing in a $685 special handling fee chargd by the Copyright Office to expedite your registration.

Any questions or comments?  Anything I left out?  Let me know in the comments.