Do you have to register your book's copyright and send copies to the Library of Congress?

Authors often hear two different rules and assume they are the same thing: "register your copyright" and "send two copies to the Library of Congress." They are different obligations, with different consequences, and they happen to share a three-month clock. Our page on literary and author publishing deals covers the contract side of a book. This page covers the federal filing side, for traditionally published, self-published and e-book-only authors, using the Copyright Act, the Copyright Office's regulations and its mandatory deposit page.

How registration and deposit work, step by step

1. Publication starts both clocks. "Publication" is the distribution of copies to the public by sale or other transfer, or by rental, lease or lending (17 U.S.C. 101). Write that date down for each edition, because both deadlines below run from it.
2. Mandatory deposit is due within three months. The owner of copyright or of the exclusive right of publication must deposit the best edition with the Copyright Office for the Library of Congress within three months after publication in the United States (17 U.S.C. 407(a)). The statute says two copies, but the regulations accept one complete copy of a published literary monograph unless the Office demands a second (37 CFR 202.19(d)(2)(ix)).
3. The registration grace period is also three months. If you register within three months after first publication, statutory damages and attorney's fees stay available even against infringement that began before the registration (17 U.S.C. 412).
4. One filing can do both jobs. Registration copies are sent under 17 U.S.C. 408, and the Copyright Office says registration with the required copies usually fulfills mandatory deposit. For a published book with a printed edition, an online application still needs a physical copy of the best edition mailed with the shipping slip the system generates (Circular 7D).
5. Deposit only, if you skip registration. Mail the copy to Library of Congress, Copyright Office, Attn: 407 Deposits, 101 Independence Avenue SE, Washington, DC 20559-6600. A receipt is optional and costs $30 on the Office's fee schedule.
6. If a demand letter arrives, you have three months. The Register may make a written demand at any time after publication, and penalties apply only if the deposit is not made within three months after the demand is received (407(d)).

Is registering the same as depositing?

No. Registration is a voluntary filing that creates a public record of your claim and unlocks legal remedies; the Copyright Act says it "is not a condition of copyright protection" (408(a)). Mandatory deposit is a legal obligation to supply the Library's collections, and section 407 says it is not a condition of protection either. Skipping either one does not make your book public domain. Copyright in a work created since 1978 subsists from its creation (17 U.S.C. 302(a)), a point our post First Things First: what a copyright is explains for new authors.

The difference is what each gets you. A deposit by itself does not register anything. Copies sent under section 407 can later be used for registration, but only if they are accompanied by the application and fee (408(b)). Our page on copyright registration cost and processing time walks through the application choices and how long examination takes.

What do print, e-book and audiobook authors owe?

Format changes the deposit rule more than anything else. Works published only online, including electronic-only books, are exempt from mandatory deposit until the Copyright Office issues a demand for them (37 CFR 202.19(c)(5)). The Office may demand electronic-only books published on or after December 14, 2020, and a demanded e-book must be deposited within three months after the demand is received (37 CFR 202.24). The Office's mandatory deposit page says that if your work is published only online and you receive a demand, you must deposit it electronically, in a format listed in the Library's best edition statement, arranged through its Acquisitions and Deposits division.

The e-book exemption ends the moment a physical edition exists: works published in both online and physical formats "remain subject to the appropriate mandatory deposit requirements" (202.19(c)(5)). The regulation also says a work still counts as available only online even if copies are made available to consumers to print on demand (202.19(b)(4)(iii)). If your paperback is printed on demand through a retailer, confirm with Acquisitions and Deposits how your edition is treated rather than assuming the exemption.

What if you already missed the three-month deadline?

For deposit, send the copy now. Fines are not automatic: they arise only if the Copyright Office makes a written demand and the deposit is not made within three months after you receive it. Then the person who received the demand is liable for a fine of up to $250 for each work, plus the total retail price of the copies demanded, plus an additional $2,500 for willfully or repeatedly failing or refusing to comply (407(d)).

For registration, a late filing still matters. You still need it to sue, and the certificate counts as prima facie evidence of validity if the registration is made before or within five years after first publication (17 U.S.C. 410(c)). What you lose by registering late is statutory damages and attorney's fees for an infringement that began after publication and before the effective date of registration. Our page on what you can recover in a copyright infringement lawsuit explains why that difference can decide whether a case is worth bringing.

What changes the answer

• Who holds the publishing right. Section 407 puts the duty on the owner of copyright or of the exclusive right of publication. In a traditional deal the publisher holds that right during the grant; when rights come back to you, so does the duty for any edition you publish yourself. Our page on when an author can get book rights back covers how that happens.
• More than one author or owner. The Single Application ($45) is limited to one work by one individual author who is also the claimant (37 CFR 202.3(b)(2)(i)(B)). A co-written book, an illustrated book with a separate illustrator, or a book written by a hired writer needs the Standard Application. See our page on who owns a co-authored book.
• Hardship. The Register may grant special relief from deposit for a published work, such as an exemption or a different form of copy, on a signed request giving specific reasons (202.19(e)).
• Material you did not write. Registration and deposit do nothing to clear epigraphs, lyrics or long quotations. Permission questions are covered on our page on quoting song lyrics or other books in your book.
• The title. Titles are not protected by copyright (Circular 33), so registering the book does not reserve its name; our page on whether you can trademark a title explains the narrow trademark route for series.
• Inaccurate applications. A certificate still supports a lawsuit unless inaccurate information was included knowingly and would have caused the Office to refuse registration (411(b)).

A worked example

Common mistakes

• Treating the Cataloging in Publication copy as deposit. The Office says a CIP copy does not satisfy mandatory deposit; it is a separate program.
• Uploading only the e-book file when a print edition exists. For a published book with a physical edition, a physical copy of the best edition is required.
• Using the Single Application for a book with a co-author, illustrator or hired writer. That application is limited to one author who is also the claimant.
• Letting the three months slide. The same window protects statutory damages and keeps you ahead of any deposit demand.
• Ignoring a demand letter. The fines and retail-price liability in section 407(d) start running only then, and they are avoidable.
• Assuming deposit equals registration. A deposit alone gives you no certificate and no right to sue.

What to do this week

1. Write down the first publication date of each edition and format, and the date three months later.
2. Confirm who holds the exclusive right of publication: you, or a publisher under your contract.
3. List every contributor (co-author, illustrator, editor, cover designer) and which application each book needs.
4. File online with the Copyright Office, and mail one printed copy of the best edition with the shipping slip if a print edition exists.
5. For a print run without registration, mail one copy to the 407 Deposits address and decide whether a $30 receipt is worth it.
6. Keep a file with the filing confirmation, the mailing record and any letter from the Office.
7. If you find copying online, read our page on what happens in a copyright lawsuit in Atlanta federal court before sending demands.

Frequently asked questions

Do I still have to deposit if my book has no copyright notice?

Yes. The Office explains that the "with notice of copyright" qualification was removed effective March 1, 1989, so works published in the United States on or after that date are subject to mandatory deposit with or without a notice.

Does an ISBN or a CIP record count as deposit?

No. The Cataloging in Publication program is a separate agreement with the Library of Congress, and the Office says the CIP copy is in addition to mandatory deposit.

Does mandatory deposit apply to a foreign publisher?

Yes, once the book is distributed in the United States through imported copies or an American edition. The duty falls on the owner of copyright or of the exclusive U.S. publication or distribution right.

Can copies I already deposited be used to register later?

Yes. Section 408(b) lets copies deposited under section 407 satisfy the registration deposit if they are accompanied by the application, the fee and any identifying material the Office requires.

What is the "best edition" if I publish hardcover and paperback?

When two or more editions of the same version have been published before the deposit, the Library generally treats the highest quality one, such as the hardbound edition, as the best edition (Circular 7D). If a better edition exists and you send a lesser one, the Office can ask for the better edition.

Who registers a ghostwritten book?

Whoever owns the copyright, which depends on the contract with the writer. Our page on who owns a ghostwritten book explains how ownership is settled and what the public record will show.

Does registration protect my book abroad?

Registration is a U.S. filing. Ownership of foreign editions and translations is set by your contracts; our page on who owns the translation of your book covers those deals.

Zala IP Law helps authors and publishers with copyright registration, publishing agreements and enforcement, and Shreepal J. Zala practices federal intellectual property law nationally. If your book is about to launch or the three months are nearly up, request a consultation or call 404-313-1701.