What Are the Benefits of Copyright Registration?
- Title 17 of the U.S. Code gives a copyright owner the right to restrict others from distributing, reproducing, displaying, making derivatives or engaging in a performance of a protected work. Copyright protects works of authorship that are original, fixed in a tangible form, and creative. Protected works include literature, music, dramatic compositions, motion pictures, sound recordings, choreography and architectural designs. Although it is unnecessary to register a work with the U.S. Copyright Office, it does provide additional protection.
- Copyright protection begins the moment a creative and original work becomes fixed in a tangible form. A work receives copyright protection regardless of whether registered with the U.S. Copyright Office. A copyright owner can register a work at any time during the time that copyright protection applies. To register a work with the U.S. Copyright Office, an applicant must submit an application, pay the filing fee and submit a copy or copies of the work.
- Registration puts others on notice of copyright protection. The registration of a work creates a public record of the holder's right to restrict others from using the copyrighted material without permission. A public record will also help others identify the copyright owner.
- Registering a work for a copyright allows the owner to sue for copyright infringement. A copyright owner cannot sue for infringement until the work is registered with the U.S. Copyright Office. A copyright owner can sue the infringer in federal court. Legal remedies include the issuance of an injunction or a restraining order, monetary damages and attorney fees.
- Copyright registration creates prima facie evidence that the copyright is valid and that the stated facts are true. Prima facie means that the evidence is sufficient to establish a fact in question. To create a prima facie case, the owner must register a work with the U.S. Copyright Office before or within five years of its publication.
- It is easier to recover damages for copyright infringement if registration is timely. "Timely registration" occurs when the owner registers the work within three months after its publication or prior to the commencement of the infringement. This creates a legal presumption of a valid copyright. If registered, the owner can recover up to $150,000 in statutory damages. If not registered, the owner can only recover compensation for actual damages and profits.
- Once registered with the U.S. Copyright Office, the owner can notify the U.S. Customs Service of the registration. This creates additional protection against the importation of material that infringes on the registered copyright. The website for the U.S. Customs Service is http://www.cbp.gov/xp/cgov/home.xml.