Our firm can provide Copyright Registration in the USA for the original works of Australian writers, composers and software authors.
Protection of copyright material authored in Australia cannot be protected by registration in Australia. Australia does not provide a registration system. The author must rely on his own evidence of original authorship and the date of completion of the copyright work. The Copyright Act provides certain presumptions as to the existence of copyright protection and its ownership, however the requirements of the Act must be complied with in order to take advantage of those presumptions.
The USA on the other hand, does provide a registration service for its citizens and for foreigners. Registration in the USA can be of considerable help in overcoming the Australian deficiencies arising from the lack of a registration system. However, registering your work in the USA is not a cure-all avenue and may be of no advantage in some circumstances. We will determine this for you.
Some writers think they've got it covered...
In relation to writers, it is incorrect to think that the assignment and use of an ISBN is a sufficient step to address copyright issues. (An ISBN is a unique commercial code for identifying newly published books and new editions of books.)
There are 8 main advantages of registering your work in the USA:
1. If you intend presently or in the foreseeable future to publish (or exploit) your work in the USA, you will be encouraged by the USA authorities to register in that country before exploitation.
2. Even if you have no such intentions then you could find that another person registers a work that is the same as yours and proceeds to exploit it in the USA.
3. If you don't register your work then you cannot sue to recover damages and attorney's fees in the USA.
4. Australia (and some other countries) has no register of copyright work nor anything approximating a registration system. If you need to protect your works then you must be in a strong position to provide evidence from yourself or others that you are indeed the original author of the works.
The law does not require you to place any writing or sign on a work, however it is a good idea to place the following three specifications on your works: your name, the year of authorship or creation, and the symbol claiming copyright viz. ©. By placing these three specifications on each of your works you will give rise to Australian legal presumptions of the existence of copyright and its ownership by you. In the absence of these three specifications you are left to provide strong evidence of authorship without the support of any presumptions. On your death you may leave no witnesses or evidence to assist in providing this material.
Registration in the USA will provide strong evidence of copyright ownership within the USA and Australia.
5. Your material may suffer the ignominy of being treated as ‘Orphan' copyright. This means that your material is without any apparent owner because you can't be found or traced. This is an increasing problem and when a third party wishes to take a license from you to use your works, he/she is left with the alternative of unlawfully using your work or abandoning the opportunity to use your work.
Many countries intend legislating on this subject, and if passed as law, your rights will be marginalized if not minimized.
Registration in the USA makes it easy for potential users to search and locate the copyright owner. The USA Government data base is easily searchable, and unlawful use of your work in the USA and or Australia will not be excused after such registration.
6. Your copyright including your Moral Rights are preserved in the USA and enhanced by registration in the USA.
7. After registration of your work in the USA you will receive a sealed evidence of registration of that work from the USA Government agency which can be used as evidence in proving copyright ownership.
8. It may be liberating to gain this USA registration directly and not through an existing publisher. This will ensure that all notices come to you and not through an interested or disinterested publisher.
Buyer Beware
Several organizations around the world offer a private registration system using their own private archives/registry and not an official or government run system such as the USA provides. These private registrations do not carry any weight in the USA or Australia. There are cases of such companies that offer these services suddenly ceasing to exist or passing into the hands of other organisations. These organisations may surprise you with demands for ongoing archival fees, or the neglect of the original promises for which you paid.
If you are interested please provide the following information, and a quote for this service will be provided to you based on the then current USA/Australian exchange rate applicable to filing fees and postage.
i) Personal name and or company name;
ii) ABN;
iii) Address;
iv) Telephone numbers;
v) Email address;
vi) The name of your material;
vii) Whether the material has been published, and if so in which country, and what was the date of first publication?
viii) Were you an Australian citizen on the date of that first publication?
ix) Is this material a first edition or subsequent edition? If so, please explain; and
x)What is the medium of the work, for example: print, digital, etc.?
Please reply to Gib Owen by email to: gibson@lawfully.com.au or by fax to: 02 9411 3967
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