Unfortunately, the filing of an application for
an online publication is not a simple process. It involves some unsettled areas
of copyright law -- most notably group
copyright registrations and online publications. Partially, that's because
there has been some uncertainty expressed in
recent cases as to what group
registrations actually protect -- the collection or the individual units
of content. Then, there's the fact that the Copyright Office still hasn't taken
a position as to whether an online work is published or unpublished (a fact that also affects your registration).
So what's the answer?
First, you need to sort out who produced
the content -- you, employees, or freelancers? If you or your employees
created the works, then you are the copyright owner. If you own copyright
in all content, you can register that content by following the guidelines
in Circular
66. You should register the journal on a periodic
basis -- perhaps timed to major article releases. (There's a saying among
patent lawyers: register early and register often and that would apply to your
quarterly magazine.)
If you're revising the online work, and the
revisions are published on separate days, the only for-sure guaranteed
protection for the content is that each version of the online work must be
registered individually, with a separate application and filing fee (unless it
qualifies under one of the two registration exceptions set forth in Copyright Circular 66). That can get expensive at $35 per application but in today's litigious over-legislated world, that's the only surefire guarantee of claiming
statutory rights. Make sure to list the titles of all articles in the
journal. If you don't claim copyright in individual articles, you may wish to
claim the collection of articles -- not necessarily the content -- and you
should consider serial registration as explained in Circular 62B. If freelancers created the articles, you don't own
copyright in the individual articles unless there is an agreement in place. (If
a freelancer owns copyright the freelancer should register his or her article
using either the eCo system or Form CO.) Whew!
Just in case you weren't
aware ...
Copyright registration is not essential for claiming copyright. You get that automatically. But if you want to claim statutory damages or you want a shot at
attorney fees, registering the work prior to infringement is essential.