copyright assignment lookup

Published By Stanford Copyright and Fair Use Center

Searching the copyright office and library of congress records, ignore heading – content.

Now that you have isolated the information necessary for searching, you can begin examining the records at the Copyright Office and at the Library of Congress. Each of these databases has valuable information about public domain status and copyright ownership:

• Think of the Copyright Office as the source for copyright records. Search this database if you want specific information about copyright ownership, publication, transfers, and derivative works.
• Consider the Library of Congress as a 200-year-old library catalog. Search the catalogs if you want general information about a work such as the author, date of publication, subject matter, and publisher.

One common search strategy is to use Library of Congress files to identify an author, title, or publisher and then use that information to search the Copyright Office records online, as described below. If you are uncomfortable searching online, consider hiring the Copyright Office to perform the search on your behalf.

Defining Your Search

Your search of Copyright Office records will vary depending on your goal. Most likely, you have one of two goals: you want to find the current owner of a copyright or you want to know whether the work has fallen into the public domain. Methods for achieving each goal are described below.

Ownership Searching

When trying to determine the owner of copyright, review:

• certificates of registration, and
• assignments or other transfer documents.

Both of these documents are issued by and recorded with the Copyright 
Office. The registration will indicate who initially acquired ownership. The assignment will indicate if the registration has been transferred to another party.

The certificate of registration is issued by the Copyright Office and is the basic copyright document establishing date of publication, author, source of underlying material, contact person, and initial owner of copyright. The owner’s name is listed in the space in Section 4 entitled “Copyright Claimant.” If the owner is a different person than the author, the method of acquiring ownership (for example, “by written contract”) is indicated in the space in Section 4 entitled “Transfer.”

Assignments are transfers of copyright ownership. For example, an author may transfer rights to a publisher by signing an assignment of copyright, often included as part of a publishing agreement. Filing an assignment with the Copyright Office is not mandatory, but many copyright owners do so. When searching online at the Copyright Office, the person acquiring rights (the assignee) is usually listed as PARTY2 or PTY2 and the person transferring rights (the assignor) is usually listed as PARTY1 or PTY1.

Public Domain Searching

When researching whether a work is in the public domain, review:

• copyright registrations or other records containing the date of first publication, and
• renewal notices.

Both registrations and renewal notices are issued by and recorded with the Copyright Office. The registration is the initial statement of copyright information about a work and indicates the author, date of registration, copyright claimant (at the time of filing the registration), and date of first publication. A renewal must be filed in order to extend the length of protection for works published or registered before 1964. Although a renewal is no longer required for works published or registered after 1963, many copyright owners still file it.

Works published in the years 1923 through 1963 receive 95 years of protection if they were renewed during their 28th year. If not, they are in the public domain. Works published in the years 1964 through 1977 receive 95 years of protection. Works created after 1977 and all unpublished works are protected for the life of the author plus 70 years.

You may be able to determine if a work was published before 1923 (and is in the public domain) by examining the date in the work’s copyright notice. For example, James Joyce’s Dubliners is in the public domain because the Library of Congress database indicated that Dubliners was first published before 1923.

Note that copyright notice dates included in a book are not always accurate, because many public domain works are often republished with new dates in their copyright notices. For example, current editions of James Joyce’s Dubliners have copyright notices with dates after 1980. These “new” dates reflect the fact that the work contains some new material such as a preface, notes, or previously unpublished material. Only this new material is protected under the copyright claim. The public domain part of the work remains in the public domain.

Works published in the United States after 1928 and before 1964 are also in the public domain if the owner failed to file a renewal during the 28th year after first publication. Unlike copyright registrations or assignments, renewal notices for works published before 1964 had to be filed with the Copyright Office. If a work published after 1928 and before 1964 was not renewed, it fell into the public domain. According to Copyright Office surveys, the great majority of pre-1964 works were never renewed and, there­fore, are in the public domain. Unfortunately, the Copyright Office does not maintain lists of public domain materials. You must search Copyright Office records to determine whether a renewal was filed on time for each work.

Ignore Heading – Sub table content

Searching copyright office records.

Once you have all the available information about your work and know what you’re searching for, you need to choose the search method that best suits your purposes. You can either hire a search firm or work directly with the Copyright Office, which will do your search for a fee. Another option is searching the Copyright Office online, discussed in the next section.

Hire a Private Search Company

For a fee, you can hire a private company to search Copyright Office records for you. These companies provide additional services such as tracing the copyright history of a fictional character or locating similarly titled works. These companies may be able to determine if a work is in the public domain or whether you can obtain the rights to use the work. The advantage of using these companies is their speed and thoroughness. Search companies compile comprehensive reports using Copyright Office and other database records and can deliver the materials within two to ten days. The disadvantage is the cost, ranging from $75 to $300 per search. The largest and best known copyright search company is Thomson CompuMark ( trademarks.thomsonreuter.com ).

Pay the Copyright Office to Perform the Search

Upon request, the Copyright Office staff will search its records at the statutory rate of $165 for each hour or fraction of an hour consumed. (There is a two-hour minimum.) An online search request form (see Figure 1, above) is available from the Copyright Office website ( www.copyright.gov/forms/search_estimate.html ). The Copyright Office will respond with an estimate within two to five days.

Although the cost of a Copyright Office search is lower than a private search company, the disadvantage is that it may take longer to receive a response. The Copyright Office will conduct an expedited search if you pay a higher fee ($300 per hour). For more information, see Copyright Circular 22. Also, note that the search fee does not include the cost of additional certificates or photocopies of deposits or other Copyright Office records. For information concerning these services, request Copyright Office Circular 6. (See Chapter 16 for information on how to obtain Copyright Office publications.)

All requests for copies of Copyright Office records should be submitted to: Certifications and Documents Section, LM-402, Copyright Office, Library of Congress, Washington, DC 20559; 202-707-6787. It is also possible to go to the office and request records in person (see “Searching in Person,” just below).

Searching Copyright Office Records Online

Searching the online Copyright Office records is free and easy. You can search through copyright files by visiting the Copyright Office at www.copyright.gov/records (see Figure 2, below). All copyright information is located in the Public Catalog (click “Search Public Catalog”) which contains information about works registered since January 1978. Included are published and unpublished text works, maps, motion pictures, music, sound recordings, works of the performing and visual arts, graphic artworks, and games. Also included are renewals of previous registrations.

Once you access the Post-1978 Records (see Figure 3), you can search either by Basic Search or by using the Boolean “Other Search Options” feature (see Figure 4). You can search by author, claimant, title, or registration number. The search files are updated weekly. Note that renewal information is only available for works published after 1949.

We tested the Basic Search feature by typing in the title of the book, Franny and Zooey , and found the resulting records (see Figure 5). Clicking on the second record (Figure 6), we learn that the owner of copyright is the late J.D. Salinger, and that the work, although first published in 1961, has been renewed (indicated by the letters “RE” by the registration number). The original registration number is A591015. Based on this information we can conclude that this work is not in the public domain because the owner filed a timely renewal of copyright after 28 years. (For more information on renewal requirements, see Chapter 8. )

Searching Library of Congress Records

In addition to Copyright Office records, there is another catalog of helpful information at the Library of Congress in Washington, DC. The Library of Congress is the largest library in the world and has been collecting and cataloging materials for over 200 years. However, contrary to popular belief, the Library of Congress does not contain copies of every work ever published in the United States. The Library of Congress Online Catalog ( http://catalog.loc.gov ) includes data for books, serials (magazines and periodicals), music and sound recordings, maps, visual materials (such as photos and graphics), computer files from 1975, and an index of names and subjects. It also includes an incomplete, unedited listing of books cataloged between 1898 and 1975.

Because of the ease of searching and the vast catalog of materials, use the LOC Catalog for basic research, such as locating the publisher or owner of a work and researching public domain information. Unlike Copyright Office files, the LOC Catalog is searchable by subject matter. Or, you can search by ISBN, ISSN, or LCCN (Library of Congress Catalog Number). You can even limit or define your search by language. For example, you can search for books that are not in English. You may be able to use Library of Congress files to identify an author, title, or publisher and then use that information to search the Copyright Office records.

Comments are closed.

• THIS IS AN ADVERISEMENT

Copyright Assignment (Transfer Ownership of a Copyright)

General information.

A copyright assignment is the transfer of one’s ownership of a copyrighted work to another person or entity. The prior owner (assignor) gives up all rights to the work to the new owner (assignee). The assignee gains all rights to the work as the legal or beneficial owner and may take legal action to prevent infringing uses of the work, etc. Copyright Act Section 501(b) .

According to federal law, a voluntary transfer of copyright ownership is not valid unless the details of the conveyance are contained in a writing signed by the copyright owner or the owner’s authorized agent. Copyright Act Section 204(a) .

Purpose/Necessity

An assignment may be used:

• After a business is sold and the work’s rights are transferred to the purchaser
• As security for a debt (through a mortgage or other security interest)
• As a bequest in a will or an asset passed to heirs by intestacy/probate
• As part of the distribution of assets following a bankruptcy proceeding
• The work’s owner retains ownership but changes his or her name
• The work’s owner retains ownership but changes its business name or entity type
• Any other instance where the owner of a work wishes to transfer it to another

Recording an assignment is not mandatory to assign the interest bur provides the following advantages:

• Recording the transfer establishes a public record of the details of the transfer and the contents of the document affecting the transfer. Such details will appear in the Copyright Office’s online public catalog .
• The document or material attached to it specifically identifies the work to which it pertains so that, after the document is indexed by the Register of Copyrights, it would be revealed by a reasonable search under title or registration number of the work; and
• Registration has been made for the work.
• Constructive notice means that the public is deemed to have knowledge of the facts stated in the document – including those speaking to the ownership of rights – and cannot claim otherwise.
• Under Sections 205d and 205e of the Copyright Act , recording establishes priority of rights as between conflicting assignments/transfers of ownership, or between a conflicting assignment and a nonexclusive license. This means that the first recorded assignment will be taken as valid as against any later alleged assignments.
• In some instances, recording may be necessary to validate the transfer of copyrights as against third parties. Copyright Office – Circular 1: Copyright Basics .
• In some states, recording may be necessary to perfect a security interest. Copyright Office – Circular 12: Recordation of Transfers and Other Documents .

Frequently Asked Questions

• Once a work is created and fixed in a tangible form, the author (or the author’s employer if the work was a Work Made for Hire), gains certain rights to the copyrighted work. The author has the exclusive right to: •  Reproduce the work in copies or phonorecords; •  Prepare derivative works based upon the work; •  Distribute copies or phonorecords of the work to the public; and •  Perform or display the work publicly.The author may subsequently transfer all or part of these rights through an (permanent) assignment or a (temporary) license. Copyright Act Section 201(d)(2) . Following negotiations between the parties as to the terms of the transfer, a written document must be signed by the owner of the rights conveyed stating the particular rights to be conveyed.
• An assignment does not alter the work’s copyright duration. The assignee gains all rights transferred for the remainder of the copyright in effect. For works created by a single author, the length of copyright is the life of the author plus 70 years. Copyright Act Section 302(a) .
• According to the Copyright Act, a copyright may be transferred by any means of conveyance, including bequeath by will or pass through intestate succession. Copyright Act Section 201(d)(1) . Some types of documents that may suffice include an assignment, mortgage, contract, deed, or promissory note.If you use our firm to assist you in your copyright assignment, we review your document to ensure that it conveys the rights desired, and then record it with the Copyright Office to establish a public record. Alternatively, if you do not have an existing document of transfer, we can draft a document to meet your purposes and then complete the recording process.
• The Copyright Office does not provide a form or example of an acceptable document which effects a copyright transfer. Copyright Office FAQ – Assignment/Transfer of Copyright Ownership . The Copyright Office does not examine documents for legal sufficiency for their intended purpose prior to recording. Furthermore, the fee to record a document with the Copyright Office is nonrefundable. Copyright Office – Circular 12: Recordation of Transfers and Other Documents .It is therefore important to consult with an attorney knowledgeable about copyright assignments to ensure that the copyrighted work(s) in question actually transfer as desired.
• No, the rights given by copyright are the author’s immediately upon fixing the work in a tangible medium of expression. These rights may be transferred through a written instrument and the Copyright Office will record such an instrument before or after the work has been registered with the Copyright Office. Copyright Act Section 205(a) . However, there are several important benefits of copyright registration, and it is helpful to register the work so that the recorded assignment references a work indexed in the Copyright Office’s records .
• No, essentially for the same reasons, copyrights may be transferred whether or not the underlying work has been published. The Copyright Office will record a document evidencing a transfer of an unpublished work. Copyright Office – Circular 12: Recordation of Transfers and Other Documents .

Legal Services Offered and Cost

Recording of Copyright Assignment Note: this service is for copyright holders who have already transferred their copyright through a written instrument but have not yet filed/recorded the instrument Legal fees: $300 flat fee This includes:

• Review of client’s information to ensure legal requirements are fulfilled
• Answer client questions, make corrections, and obtain additional information as needed
• Review of copyright assignment document to ensure proper transfer is made
• Completion of Copyright Recordation Document Cover Sheet
• Submission of the assignment document, Cover Sheet, and filing fee with the Copyright Office
• Email confirmation of copyright assignment recording by the Copyright Office with official Certificate of Recordation

If you are ready to get started, please CLICK HERE to enter basic information using our secure online form.

Drafting and Recording of Copyright Assignment Legal fees: $300 flat fee

This includes:

• Completion of copyright assignment document to make the assignment

WassUp 1.9.4.5 timestamp: 2024-09-07 09:55:23AM UTC (09:55AM) If above timestamp is not current time, this page is cached.

An official website of the United States government Here’s how you know keyboard_arrow_down

An official website of the United States government

The .gov means it’s official. Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you’re on a federal government site.

The site is secure. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely.

Jump to main content

Search our trademark database

Trademark Search system  

Want to learn about the search builder feature? It can help you formulate your searches. Read more on our trademark search system updates page .

Want to watch a search webinar? See our federal trademark searching webinar series to register for upcoming sessions, or watch recordings of previous webinars . 

Log into your USPTO.gov account for a better search experience. Logging in using the Sign in link in the top right corner helps you avoid errors when the system is handling heavy traffic. It'll also give you access to even more features and enhancements in the future, including options to customize your search experience based on your preferences.

Title Learn about searching

• Why search for similar trademarks
• Likelihood of confusion
• Using coordinated classes
• Design search codes

Title Clearance searching

• Comprehensive clearance search for similar trademarks
• Federal trademark search
• Getting started handout
• Field tag searching handout
• Field tag searching with regex handout

Title Helpful references

• Trademark ID Manual
• Design Search Code Manual
• Trademark search help information
• Transitioning from TESS handout
• Trademark search system updates

WEBINAR RECORDING

Additional information about this page