Copyright is established the moment you create a work. Registration is necessary to enforce that copyright.
Key aspects to consider include who owns the work, who authored it, whether it has been published, what to exclude from the claim, how to properly identify the work, which application to file, and what type of deposit to submit. I address these questions before filing anything.
If This Sounds Familiar…
You commissioned the photos, so you assumed you owned them. A contractor built half your pattern library but never signed any agreement. You are about to release a 30-piece collection and have no idea whether you need to file 30 copyright applications. Additionally, you might discover that someone has already copied your work, and you find out that you cannot file an infringement lawsuit without proper registration.
Copyright protects original creative works such as prints, patterns, photography, illustrations, product descriptions, lookbooks, tech packs, packaging artwork, courses, and other content. However, it does not protect ideas, names, or slogans. Names and slogans fall under trademark law, which is separate from copyright law. Copyright protection attaches automatically when the work is created, raising an important question: why should you register your work at all?
Registering with the U.S. Copyright Office transforms your rights into enforceable ones. It is an essential step before you can file a copyright infringement lawsuit. Additionally, registration creates a public record of ownership that platforms, licensees, and opposing legal counsel respect.
The timing of your registration can significantly affect your potential recovery in a lawsuit. If your work is registered before the infringement starts, or within three months of its first publication, the Copyright Act allows for statutory damages ranging from $750 to $30,000 per work, and up to $150,000 per work for willful infringement, along with coverage for attorney’s fees.
If you register after this timeframe, your claim is limited to actual damages and the infringer’s profits, which are often minimal and difficult to prove. This difference can determine whether a lawyer will take your case or if pursuing it may cost you more than you could potentially recover.
Ownership analysis, group registration strategies, deposit choices, and timing all play crucial roles in determining whether your registrations succeed or fail. A registration with the wrong claimant or inaccurate publication information can lead to complications years later, often at the most inconvenient time.
What I Handle
Reviewing your creations to determine what should be registered.
Analyzing ownership, including questions about work made for hire and assignment issues.
Preparing and filing applications, including group registrations for collections, pattern libraries, and photo series.
Correcting or supplementing existing registrations as needed.
Creating a registration calendar that aligns with your release schedule.
Strategically positioning registrations for future licensing and enforcement.
How It Works
Complete the Copyright Intake: Begin by describing what you created, who else contributed to it, whether the work has been published or posted, and whether any part of it was generated using AI tools. Please upload the work along with any relevant agreements. One submission covers everything required for the review. There is no separate pre-screening process for registration matters.
Review Process: I will review your submission and respond within two business days. If the intake indicates one work, one creator, and clear ownership, we will skip the consultation phase: I will send you the engagement letter and the invoice. Once you sign and pay, we will proceed to the filing stage. If your answers raise questions about ownership, group registration, publication, or AI involvement, I will respond with either a fixed quote or an invitation for a consultation, depending on the details provided.
Strategy: I will first resolve ownership issues, then determine what to register, whether the works qualify for group registration, the creation and publication dates, and applicable fees. This step is crucial as it ensures the registration will stand up to scrutiny later.
Filing: I will prepare the registration application(s), which you will review and confirm for accuracy before I file them with the U.S. Copyright Office.
After Registration: Once registered, you will receive a certificate along with a record detailing what was filed. If you have more works about to be published, I will create a registration calendar to ensure future works are registered on time.
Fees
The fee for registering a single work is a flat rate of $500, applicable when one person has created and fully owns the work. This fee covers the strategy review, application preparation, and filing. Please note that you will need to pay the U.S. Copyright Office filing fees separately, at cost.
If the Copyright Office has questions about your application, I will respond to them as part of the flat fee. However, if registration is denied, I will let you know if we should request reconsideration and provide a separate quote for that response.
For group registrations, collections, and cases involving ownership questions, I will provide a fixed quote after reviewing your intake materials. This quote will depend on the complexity of ownership and the number of works involved. If any ownership issues need to be resolved first, such as obtaining an assignment or creating work-for-hire documentation, I will provide a quote for those services before filing anything.
What This Doesn't Cover
Simple filings. You may not need a lawyer for straightforward filings. If you are the sole creator of a single, unpublished work that no one else has contributed to, you can manage the Copyright Office’s online system yourself. Selvedge offers a step-by-step guide [link] to help you save money.
Enforcement. While registration is essential for enforcement, it is a separate process. If your work has already been copied and appears on platforms like Shein, Temu, or other marketplaces, visit the fast-fashion enforcement practice [link] page.
Names, logos, and slogans. These fall under trademark matters, which you can find here.
Start Here
Please complete the copyright intake form. In the form, please describe what you created, who else was involved in the project, and whether the work has been published or posted. If the information you provide indicates a single work, a single creator, and clear ownership, I will send the engagement letter and invoice within two business days. In this case, we can file without a consultation. However, if you have questions about ownership, collections, or enforcement, we should schedule a consultation to clarify those issues.
FAQs
Can I just file this myself?
1
Sometimes, yes. If you are the sole creator of a single, unpublished work and no one else has contributed to it, the Copyright Office’s system is manageable. Selvedge provides a step-by-step guide [link] for this process. However, if someone else contributed to the work, it has been published, or you are registering a collection, please complete the intake [link].
Does registration include enforcement?
2
No, registration is what helps with enforcement. If someone copies the work later, enforcement becomes its own matter. If Shein, Temu, or another marketplace seller copies your designs, visit the fast-fashion enforcement practice page [link].
Can I register a whole collection at once?
3
Yes, group registration can often cover multiple works in a single application when the requirements are met. This is usually the most economical option for collections and pattern libraries. Whether your works qualify is part of my assessment.
Do I need a consultation before you can file?
4
Not necessarily. If the intake indicates one work, one creator, and clear ownership, I will send the engagement letter and invoice, and you will not need a consultation. However, if the responses provided in the intake reveal any ownership issues, if you are working to register a collection, or if your work contains AI-generated material, I will provide a fixed quote or invite you to schedule a consultation.
When is a consultation not necessary?
5
When the responses to the intake clearly indicate one work, one creator, and clear ownership. You created the work independently, meaning no employer, contractor, or collaborator has any claim to it. Additionally, nothing within the work belongs to anyone else, and no part of it was generated using AI tools. Most single-creator surface designs, illustrations, and photographs fall into this category. These factors determine the initial conditions, but they do not predict how the Copyright Office will respond.
Some of my work is derived from an AI tool. Can I still register it?
6
In many cases, the answer is yes. The U.S. Copyright Office will register works that include AI-generated content, as long as a human contributed significantly to the final product. When submitting an application, it’s important to clearly identify and disclaim the portions created by the AI. Determining the extent of human contribution is subjective, which is why I review AI-generated works before we proceed to the engagement letter.
Why does the intake form ask who else has been involved in the work?
7
Because ownership is often where the registration process falls apart. It could be a contractor who never signed an agreement, a collaborator with an unwritten ownership split, or an employer who claims ownership of work you completed on the job, all of which can affect who is considered the owner of the work. Naming the correct owner is essential to ensure it doesn’t have any issues that can be attacked when you enforce it. I prefer to identify these issues before filing rather than having to fix them afterward.
When is a consultation not necessary?
8
When the responses to the intake clearly indicate one work, one creator, and clear ownership. You created the work independently, meaning no employer, contractor, or collaborator has any claim to it. Additionally, nothing within the work belongs to anyone else, and no part of it was generated using AI tools. Most single-creator surface designs, illustrations, and photographs fall into this category. These factors determine the initial conditions, but they do not predict how the Copyright Office will respond.
Some of my work is derived from an AI tool. Can I still register it?
9
In many cases, the answer is yes. The U.S. Copyright Office will register works that include AI-generated content, as long as a human contributed significantly to the final product. When submitting an application, it’s important to clearly identify and disclaim the portions created by the AI. Determining the extent of human contribution is subjective, which is why I review AI-generated works before we proceed to the engagement letter.
What should I expect if the Copyright Office has questions?
10
It is rare, but a registration specialist may email me, typically to clarify details such as specifics about the deposit. I handle these inquiries as part of the flat fee, and in most cases, we can resolve the questions in a single exchange. A registration refusal is less common and involves a different process. That response requires a legal argument, which I will outline separately and advise you on whether it’s worth pursuing.