📅 2026 Update: Key Changes in Copyright Law Since Baker v. Selden

Since the original article on Baker v. Selden, there have been important updates in U.S. copyright law. These changes impact how copyright registration and related processes work today.

Readers can find the earlier article further down the page for foundational information.

📰 📅 Updates to News Website Registration

On August 13, 2026, the U.S. Copyright Office clarified the definition of "news website" for its Group Registration for Updates to a News Website (GRNW) program. This change allows more sites that report on various subjects and frequently update content to qualify.

This is significant for news organizations looking to protect their content through copyright.

📝 ❓ Exemptions for Circumvention

On June 9, 2026, the Copyright Office sought public input on potential exemptions to the prohibition against circumventing access controls on copyrighted works. This inquiry aims to evaluate whether certain practices should be allowed without breaking copyright law. It reflects ongoing discussions about balancing access to information with protecting creators' rights.

🛠️ 📖 Improving Registration Processes

On May 28, 2026, the Copyright Office proposed amendments to the GRNW program. The goal is to make the registration process easier for copyright owners. Streamlining this process could benefit many creators by reducing barriers to registering their works.

📚 🔄 Mechanical Licensing Updates

On June 3, 2026, the Copyright Office continued its designation for the Mechanical Licensing Collective and Digital Licensee Coordinator. This move is part of a routine review process. It ensures that licensing for music and other works remains up to date and effective in the digital age.

📌 Summary of Key Points

  • 📰 News website registration definition expanded.
  • 📝 Public input sought on circumvention exemptions.
  • 🛠️ Registration process improvements proposed.
  • 📚 Mechanical Licensing Collective continues designation.

💡 Tips for Copyright Registration and Protection

It's important to review the details of your specific situation with your attorney.

📝 Understand Eligibility Rules

To register a work, it must be original and fixed in a tangible medium. The author should be a U.S. citizen or a foreign national with a qualifying connection to the U.S. Certain works, like those by government employees, are not eligible.

⏳ Keep Deadlines in Mind

There is no deadline for registering a work, but registration is necessary to bring a lawsuit. For works created for hire, registration must occur within three months of publication to be eligible for statutory damages.

💻 Use Online Registration

The electronic Copyright Office (eCO) system allows for easy online registration. Completing the application and submitting a nonreturnable copy of the work can be done electronically, along with the required fee.

📄 Paper Filing Option

If you prefer, you can file using paper forms. Obtain the appropriate form from the Copyright Office, fill it out, and send it with the work and fee. This option is available for those who may not have online access.

📈 Know Processing Times

The average processing time for copyright claims is about 2.5 months. Claims without correspondence take about 1.9 months, while those with correspondence can take longer. If filing by mail, expect longer processing times.

🔍 Utilize Free Resources

The U.S. Copyright Office offers free resources, including FAQs and online tutorials. These can help clarify any questions you might have about copyright registration and protection.

🏆 Services for Copyright Registration Ranked by User Reviews (2026)

Various services offer assistance with copyright registration and intellectual property. The following companies are ranked based on Trustpilot data as of October 2026. Ratings can change over time, and they reflect a range of user experiences.

Star ratings provide insight but are just one indicator, as unhappy customers often share their views more frequently.

🥇 1. LegalZoom

LegalZoom holds a Trustpilot score of 4.6. It has been known for its online legal document preparation and business formation services, making it a suitable option for those seeking to register intellectual property. However, some users have reported delays in processing times and occasional issues with customer support responsiveness.

🥈 2. Rocket Lawyer

Rocket Lawyer has a Trustpilot score of 4.5. This service offers online legal document creation and legal advice subscriptions, which can be beneficial for copyright registration. Some users have noted that its subscription model may not suit everyone, and others find the platform's navigation somewhat complex.

🥉 3. LegalShield

LegalShield has a Trustpilot score of 4.4. It provides legal subscription services and access to a network of law firms, which can help with copyright matters. However, some users have experienced difficulties reaching assigned attorneys and noted slow callback times.

🆓 Free Government Resources

The U.S. Copyright Office offers free resources including FAQs, circulars, and online tutorials. Additionally, some nonprofit legal aid organizations provide free or low-cost assistance regarding copyright issues.

🔎 Factors to Compare When Choosing a Service

  • 🏷️ Trustpilot score and review count.
  • 📄 Types of services offered related to copyright.
  • ⏳ Processing times and customer support responsiveness.
  • 💰 Pricing and any hidden fees associated with services.

❓ Frequently Asked Questions

❓ What is the average time to process a copyright application?

The average processing time for copyright claims is about 2.5 months, with claims without correspondence taking about 1.9 months.

💰 What are the current registration fees for copyrights?

As of October 2026, electronic filing fees include $45 for a single author work and $65 for a standard application. Paper filings cost $125 for a standard application.

🏛️ Are there any works not eligible for copyright?

Yes, works created by U.S. government employees as part of their official duties are not eligible for copyright protection.

📅 How can I register my work?

You can register your work either online through the electronic Copyright Office (eCO) system or by using paper forms obtained from the Copyright Office.

📌 What do I need to include with my registration application?

You must submit a nonreturnable copy of the work along with the completed application form and the applicable fee.

🔍 What resources are available for understanding copyright law?

The U.S. Copyright Office provides free resources, including FAQs, circulars, and online tutorials, to help you understand copyright law and the registration process.

⚖️ Recent Cases Related to Copyright

Recent court rulings have shaped the landscape of copyright law in the U.S. These cases highlight ongoing challenges and interpretations of copyright regulations.

You can browse more rulings on the news page for additional recent cases in copyright law.

End of October 2026 Update





Baker v. Selden (101 U.S. 99)
is one of the earliest and most important of all copyright infringement cases. It is heavily cited in
explaining the idea-expression divide, a concept that outlines the underlying
concepts of copyright laws. It explains that U.S. copyright laws are set into
place to protect the expression of an idea rather than the idea itself. The
case, which took place in 1879, concluded that the exclusive rights to what is
known as "useful art" which may be written in a book are only
protected under U.S. intellectual property law through a patent. The
description itself contained in the book would be protected under copyright.



Background



A man by the name of Charles Selden obtained a
copyright for a book he wrote which was intended to portray an improved system
of bookkeeping entitled Bookkeeping Simplified. The book, although containing
only 650 words, contained mostly bookkeeping forms. There were also several
examples outlined in addition to an introduction.



Selden
created several additional books, which were arguably just new revisions to the
same original book. Selden was unsuccessful in selling his books, even after
attempting to sell them to several counties, as well as the United States
Department of Treasury. Before Selden's death, he assigned his interest, which
was returned to his wife.



W.C.M Baker produced a book in 1867 which
described a very similar system to Selden's system of bookkeeping. Baker was
able to sell the book to 40 counties in under five years. It was not long
before Selden's widow, Elizabeth, discovered Baker's success with Selden's
similar bookkeeping techniques. She hired an attorney and took legal action
against Baker in 1872 and sued him for copyright infringement.



The Trial and Appeal



The court decided that Baker's books contained
information and material which was too similar not to be liable for copyright
infringement. As a result, the court ordered a permanent injunction which
prevented Baker from further publication or sale of his book. Baker and his
legal team immediately filed an appeal to the Supreme Court of the United
States, which claimed that Selden's work is not valid copyright subject matter.



The appeal process closely
examined the difference between patent law and copyright law. It
was found by the Court that the idea contained within a book is not enforced
through copyright law, but rather through patent law. Only the description or
expression of an idea is protected by a copyright. Justice Joseph P. Bradley
wrote of the case, "The copyright of a book on bookkeeping cannot secure
the exclusive right to make, sell, and use account books prepared upon the plan
set forth in such a book." Baker v. Selden has been written into the U.S.
Code §102(b) of the Copyright Act.

Baker v. Selden