Ernest Hemingway famously said that “The only kind of writing is rewriting.” Whether creators agree with that rule, one question we hear frequently is, “When should I register a new version of my work?” Here are some basics to help you with that decision:
You might know that copyright protection applies automatically the moment your work is created, but of course, revisions and alterations are common. If you never registered or published a work you’re revising, no worries. When you feel the work is done—and especially before you send it anywhere—that’s the time to file the first registration application.
But if an original version of a work is either published and/or registered with the Copyright Office and you make changes, should you register the new version? This is really a two-part question: 1) whether to submit a new registration application; and 2) how to correctly file the new registration application. Note: if you have published a version of the work but still haven’t registered that version, we recommend you register the published version ASAP to maximize your protection.
Deciding Whether to Register a New Version
Alterations to a work that has been published and/or registered creates what copyright law calls a “derivative work,” and anyone who creates a derivative work without your permission may be infringing one of your rights. But when it comes to registering your own derivative works, the judgment call you need to make is to ask how much new work you created by adding to or altering the original work? Because this question is subjective, it will apply differently depending on the type of work you do.
For instance, if you add a whole chapter to a novel, that’s easy to quantify, but if you make stylistic edits throughout the original manuscript, you need to ask yourself how different the new expression is from the original version. With alterations to a visual work, for instance, creating a series expressing variations on a theme might be a reason to protect each new derivative work in the series. By contrast, making subtle changes to the original image (e.g., burning or dodging) might not be a reason for a new registration.
How to Apply for Registration for New Versions
In practical terms, when you send a deposit copy to the Copyright Office, what the Registration Specialist wants to know in context to new versions is this: “What’s in this electronic file, and was any portion of it registered before?” If some portion of the deposit copy is already registered and/or already published, the Office simply asks that you disclaim the original material and claim the new material. And fortunately, the Copyright Office does not require a complicated description.
As discussed in our post about Limit of Claim, the Office simply asks what new material is being claimed separate from any material which is not being claimed. So, if you registered the first version of a novel and want to register the new version, your Limit of Claim response looks like this:
Simply disclaim the original Text, claim the new Text, and (ideally) provide the copyright registration number for the original version. That’s it! If you feel more explanation is necessary, you may also provide information to the Specialist (Examiner) in the notes at the end of the application form, but this is optional.
The Limit of Claim would look similar if, for example, you used one of your registered photographs to create a series of silkscreens based on the photograph.
You would disclaim the original Photograph and claim the new 2D Artwork.
Ultimately, registration of a new version is a judgment call, but we hope this post is helpful in making an informed decision. As always, we recommend registration before work leaves your control, and RightsClick helps make the process quick and easy.
