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Copyright Notice and Registration

What does an author have to do to obtain copyright protection for his or her works?

Nothing.

Since 1978, copyright protection has been automatic as soon as a work is “fixed in a tangible means of expression.” Copyright notice (the formal statement of copyright on a work) and registration (the act of registering a work with the U.S. Copyright Office) are not required for copyright protection. Copyright notice does, however, provide valuable information to users, and copyright registration provides legal benefits in case of a lawsuit.

Before 1978, the rules were different. Copyright notice and registration were required for copyright protection, so works lacking a copyright notice could be assumed to be in the public domain.

This change in the law is beneficial to authors, but it is problematic for anyone who is trying to determine whether or not a work published since 1978 is in the public domain. For all practical purposes, you should assume that any work published since 1978 is protected by copyright unless you learn otherwise from the author or publisher.

All works that are protected by copyright do eventually move into the public domain. For more information, see Duration of Copyright.