How to Register a Copyright in New Mexico

Introduction

Registering your copyright with the U.S. Copyright Office is a necessary step in protecting your work. Although you do not need to register your work in order to have copyright protection, registering helps to provide added legal protection against infringement and lets the world know that you own the rights to your creative works. If you have questions about how to register a copyright in New Mexico or whether something qualifies as eligible for registration, read on!

Register Your Copyright

Registering your copyright is not necessary, but it can be a good idea. If you don’t register your work with the Library of Congress, you won’t have any legal recourse if someone steals or copies it. You will also need to register before filing a lawsuit against anyone who has infringed upon your rights.

Registering a copyright at the US Copyright Office is relatively easy and only costs $35. The state-level offices in New Mexico will also accept and register copyrights for you (for $5 more than at the federal level).

Confirm Your Work Qualifies for Copyright Protection

You’re ready to register your copyright in New Mexico for your work with the US Copyright Office. But before you do, it’s important to make sure that what you want to protect is eligible for copyright protection in the first place.

  • Copyright protection is a form of intellectual property law that gives creators exclusive rights over their creations, including literary works and visual art (such as paintings, sculptures or photographs).
  • You can apply for both patents and copyrights at the same time if they apply to your invention or artistic creation. However, there are some differences between patents and copyrights: Patents last longer than copyrights (20 years from the date of application vs 95 years from publication), but only protect specific functional aspects of an invention or product. Whereas, copyrights protect creative aspects of any work—including music lyrics and artwork—and cannot be applied until after creation has been published or distributed on physical media (CDs/DVDs).

Determine Which Forms You Need

If you are submitting work for copyright registration, you have to fill out the proper form. You will find the appropriate forms on the Copyright Office site. The most common forms are:

  • Form PA (for works that are being published in limited editions).
  • Form VA (for works of visual arts).
  • Form TX (for audio recordings).
  • Form TX-1 (if you’re filing a claim against someone who infringed your copyright by making unauthorized copies of your work or selling those copies).

Complete the Application Form

To start with the registration, read the instructions carefully. Be sure to complete all sections of the application form and sign and date it. Additionally, if you are registering a group of works (such as a compilation or collective work), make sure that each work is identified in your application with an individual title and an individual number.

Finally, be sure to submit your application with a check or money order for $65 made payable to the “Register of Copyrights.”

Pay the Filing Fee

The filing fee for the New Mexico Copyright Office is $50. You can pay it online, by mail, or in person at the New Mexico Copyright Office in Santa Fe.

Submit Your Copyright Registration Forms

Ultimately, you can submit your application by mail or in person. The United States Copyright Office recommends that you keep a photocopy of your application and certificate of the registration form for your records, should you ever need to refer to them later.

You will also need to include the filing fee with the rest of your materials: $35 if you’re not submitting physical copies and $65 if you are sending physical copies with your application (or an additional $20 if they are oversized). If required, you must include one copy of the work itself that is being registered and two copies of each other material listed on Form TX (for example, photographs or illustrations).

Takeaway

So, now that you know the basics of what copyright protection is and how to register a copyright, let’s recap.

  • Copyright law protects original works of authorship present in a tangible medium.
  • Copyright registration provides legal protection for your work.
  • Copyright registration can help you recover damages if someone infringes on your work.
  • Registering a copyright is relatively easy to do!

Conclusion

With the help of this guide, you’ll be able to register a copyright in New Mexico. We hope this has been helpful and if you have any questions, please feel free to contact us at any time.

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