In certain cases such as works of the visual arts, identifying material such as a photograph may be used instead. The deposit is sent with the application and fee and becomes the property of the Library of Congress. 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.
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 five years of publication, it is considered prima facie evidence in a court of law. Although copyright application forms may be available in public libraries and some reference books, the U.S. Copyright Office is the only office that can accept applications and issue registrations. If you want to know when the Copyright Office receives your material, you should send it by registered or certified mail and request a return receipt from the post office.