How Do I Locate Image Associated With a Copyright Registration?

Dear Rich: If I'm provided with a registration number for a visual art's copyright, how can I check its image? I have tried searching on www.copyright.gov, but the result doesn't include the image.

The Copyright Office Public Records Portal does not provide copies of the images, books, movies, or other copyrighted materials registered under copyright law. These works are considered deposit materials (because the registrant deposits copies with the Copyright Office), and you must request them from the Research and Certification Section. (Keep in mind that the Copyright Office does not retain all deposited works for copyright registration.) The Copyright Office will only provide deposit materials in three situations: (1) you are the copyright owner (and can prove it), (2) you are preparing for litigation, and you complete the Copyright Office Litigation Statement Form, or (3) A court order is issued for the deposited material. All of this information (and more) is provided in Copyright Circular 6.

Does Failure to Submit Copies to Copyright Office Put an End to Copyright?

Postcard: Malo-les-Bains - Avenue Kleber,
sent 30 April 1915

Dear Rich: We are a specialized online magazine for postcard collectors. From 1983 to 1989 a print magazine, Postcard Collector, published many articles which we would like to republish. Each issue of the print magazine had a copyright notice ("© Krause Publications, Inc.") Questions: (1) As I understand it, the publisher would have had to submit 2 copies of the magazine to the Library of Congress to complete the registration process. How can I find out if the publisher actually sent copies of the magazine to the LoC to complete the process? (2) If the publisher did not, is the copyright notice meaningless insofar as being able to freely use the articles (we have contacted several of the authors who are still alive and they would be happy to have us re-publish their work). (3) If the publisher did submit the copies to the LoC, is it possible to find out if the publisher renewed the copyright? As I understand it, the copyright expired after 28 years, so even if the publisher did comply with the registration process, the copyright would have expired no later than 2014. 

The failure to submit the deposit materials won't terminate copyright protection; the penalties fall in the wrist-slap category. According to the Copyright Office, "If the required deposit is not made within three months after receiving a demand from the Copyright Office, the owner may be subject to a fine of not more than $250 for each work." In other words, searching the Library of Congress for proof of deposit won't help. Searching copyright renewal records also won't help because renewal is only required for works published before 1964. Our conclusion? We believe that copyright protects the 1983-1989 Postcard Collector magazines for 95 years from the date of publication.

So, who owns the magazine copyright? We don't know. Krause Publications, a publishing business with 46 magazines and 750 books, was the copyright owner until 2002 when Krause was sold to F+W. F+W went bankrupt in 2019 and auctioned off the profitable magazines (but there's no indication of what happened to the copyrights in the defunct magazines). 

Did the authors retain copyright? The authors would have retained the copyright in their articles unless they were employees of Krause, or they signed an assignment of copyright or work made for hire agreement. In other words, the article authors may have granted the first-publication license and kept the copyright. That wasn't uncommon back in the day. Further discussion with the authors may prove beneficial.

 

Obtaining 1960 Song From Copyright Office

Dear Rich: My husband published and obtained a copyright on a song and music in 1960. He subsequently misplaced his copy of the material. How would he go about receiving a copy of his song and music from the Copyright Office? 
Because it's been almost 60 years since the song was deposited at the Copyright Office, we think it will be difficult, if not impossible to access your husband's "deposit materials" (as they are known in copyright parlance). Here's why.
The material may not be under copyright. At the time (1960) that your husband's song was registered, works had to be renewed after 28 years. So, unless your husband renewed the registration in 1988, the song is no longer under copyright.
The deposit materials may have been destroyed. In order to reconcile "the storage limitations of the Copyright Office with the continued value of deposits," the Register of Copyright is empowered to destroy deposit materials when necessary. In other words, decades-old deposits without historical value are typically destroyed.
Your husband may not qualify to request deposit materials. The Copyright Office will only furnish a copy of deposit materials if the materials are the subject of litigation, a court has ordered a copy, or "written authorization is received from the copyright claimant of record or the owner of any of the exclusive rights in the copyright..." Because a lack of renewal may have terminated copyright, your husband is no longer the copyright owner.
How to obtain deposit materials. If you still want to try for your deposit materials, follow the instructions at the Copyright Office site and pay the search fees required.

Depositing Copies With Library of Congress

Dear Rich: On the same day that I sent you a question regarding copyright law, (I self-published a novel in September 2013. Is it too late to register my book with the Library on Congress?) I sent the same question to the Library of Congress website. I never thought that they would get back to me, but they did and their answer is more confusing than ever. What does this mean? And does your original answer still stand for me, that it is "not" to late to register my book? Here's what they wrote, and please keep in mind I asked them the same question as you: "Mandatory deposit (17 U.S.C. section 407) requires the owner of copyright or of the exclusive right of distribution to deposit in the U.S. Copyright Office for the use of the Library of Congress two complete copies of the best edition within 3 months after a work is published. Copies of all works under copyright protection that have been published or distributed in the United States must be deposited with the Copyright Office within 3 months of the date of first publication. Electing not to register your copyright in the work with the Copyright Office does not exempt you from the mandatory deposit provision of the law." Like the Certs twins, both answers are right. Registration with the Copyright Office (there is no "registration" with the Library of Congress) requires that you deposit two copies of your book, which, in turn, satisfies the Library of Congress' deposit requirement. In other words, you don’t have to worry about the Library of Congress if you register your work with the Copyright Office.
What's up with the Library of Congress? The creators of the Library of Congress had this dream that they would build a Noah's Ark of America's creative efforts -- containing two copies of every published work. Laws were enacted demanding that artists, writers, and musicians deposit copies of their work within three months of publication. If they failed to do so, the Library was entitled to demand copies and to mete out financial penalties for those who disregarded the requests. In practice, we've never witnessed an LoC request or penalty, and our research shows that the chances of it happening are lower than being struck by lightning this year (Bonus lightning fact: People on cell phones are struck the most!)