Randy Cassingham's Blog

Posted by Mark in Ridgewood, NJ on November 3, 2008:

The photo of the reading room reminds me of a scene from "All the President's Men" where Woodward & Bernstein are reviewing all their required requests for material one at a time by hand. The camera is overhead as it pulls up and up and up.....

It is truly an (you said it) awe-inspiring shot.

Posted by Lisa in Indiana on November 3, 2008:

Wonderful pics. My niece & husband live in D.C. (he just passed the VA Bar! YAY!) I'm hoping to go out and visit in a year or two......have to stay at least a week just to see all the museums! I hate to admit, but I probably would have chosen to bypass the Library of Congress, but now I think it'd have to be on my 'to do' list. Ever grateful for the inspiration.

Posted by Felix, Dutch Flat, CA on November 3, 2008:

It's my understanding that since the 1970s, in accordance with a treaty, anything written is automatically copyrighted. What you get for registering by sending copies to the LOC is the ability to sue for statutory damages, up to $150,000 per infraction, not just actual damages, which take more legal effort to determine rather than simply count the infractions and multiply.

But IANAL.

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You cannot sue for copyright infringement unless the copyright is registered. -rc

Posted by Alex from Montreal but in Paris on November 4, 2008:

Randy is right but I believe that the copyright can be registered after the fact - you just won't be eligible for the 150k$ penalty hammer.

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Exactly. The point wasn't to do an exhaustive treatise on copyright -- it was just a "in a nutshell" summary. There are plenty of good places to read up about copyright if you're interested; I'll find a couple and link to them in the main text. -rc

Posted by Richard English on November 4, 2008:

I had always understood that the British Library was the biggest in the world based on numbers of items held - 150 million items (that's all printed items, not just books) as opposed to the 138 million you state are housed by the Library of Congress.

I suspect the Library of Congress might be larger on the basis of size or shelf-length.

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If so, then we both have something to be proud of! I may have remembered wrong; I'll check up on that. -rc

Posted by Neil, UK on November 4, 2008:

Out of interest, do you have to submit copies of your each and every bit of your electronic work to the LOC? I'd vaguely assumed that such short pieces didn't have that requirement, but I've just noticed your comment about the need to register works in order to sue for infringement...

On a more pedantic note, don't you think "I make my living in part due to copyrights" is a bit mild? Aren't they absolutely essential in order to enable you to earn from your profession?

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One can submit copies electronically, too. But no, I don't think my statement is mild; I could do it without copyright, but it helps to have the force of law behind me when I ask people to stop ripping me off. -rc

Posted by Susan, Royersford, PA on November 4, 2008:

About 6 or 8 years ago I went with a friend to the LOC to research music from the 1830's (he's a musician). Most of the music is kept in one of the other buildings, but there were a couple books that we had to go to the Main Reading Room to get. You put in your request at the main desk in the center of the room, then go sit down at one of the desks around the room. Eventually, they bring you the book(s) you requested.

It was my first and (so far) last visit to the LOC, but I'm glad I had the opportunity. And I still have my LOC library card!

Posted by Joshua, California on November 4, 2008:

I also recently visited the LoC for the first time in my many visits to DC. And wow, what a building. Thanks for sharing the story.

Posted by Steve (Oxford, UK) on November 8, 2008:

Neil: The US copyright office has this to say. Summary is that you don't have to register copyright, but if you do so at time of creation, you'll have an easier time in court should it ever come to that.

When is my work protected?

Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Do I have to register with your office to be protected?

No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.

Why should I register my work if copyright protection is automatic?

Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law

Posted by Bryan, London UK on November 8, 2008:

Like Randy, I'm a copyright creator - but based in the UK, so I'm aware of some of the areas in which US copyright law differs from elsewhere.

Felix is pretty much right - most major countries (including the US, since 1989) now follow the Berne Convention for the Protection of Literary and Artistic Works, which means that works are protected by copyright whether or not they have a copyright notice, and whether or not they are registered with the US Copyright office.

Because of the Berne Convention, US law also protects copyrighted work created in other countries that signed that treaty - and it's only works of US origin that *must* be registered with the US Copyright Office before an infringement suit can be filed in court. (The UK does not have an equivalent registration process, by the way.)

For US copyright legislation, there's a pretty good FAQ online at www.copyright.gov, if anyone fancies more reading on the topic!