Page:Compendium of US Copyright Office Practices (1973).pdf/106

2.11.3

Registration requirements(cont'd)

III.

Formalities of registration(cont'd)

c.

Fee prescribed(cont'd)

2.

Waiver-of-fee option(cont'd)

(a)

The "photograph" is in unpub­lished form, or

(b)

The author was a U.S. citizen or domiciliary on the date of first publication, or if the author of the work, a co-author, or the proprietor of the copy­ right in the work is a U.S. citizen, domiciliary, or resi­dent on the date the applica­tion is filed.

d.

Time limitation

1.

Unpublished works. There is no obligation to register a claim to copyright in an unpublished work. As long as a "photograph" remains in unpublished form, it is subject to protection under the common law against unauthorized use before pub­lication without any action being required in the Copyright Office. However, if a work registered in unpublished form is later published with notice of copyright, a second registration should be made "promptly" thereafter. (See topic 2.11.3.1II.d.2.)

[1973]