Do I Have To Register My Copyright

Why Register My Copyrights? The Benefits of Copyright Registration

Categories: Intellectual Property, Article

trademark registration benefits

Copyrights arise automatically when an original work is created. Copyrights protect "original works of authorship," which include paintings, illustrations, sculpture, photographs, books, articles, poems, movies, songs, recordings, logo designs, website content, software code, and the similar. The creator of the work automatically obtains copyrights in the piece of work and is immediately entitled to protection. Copyrights grant the possessor the exclusive correct to reproduce and distribute copies of the piece of work, prepare derivative works, and perform, display, and circulate the work publicly. Copyright ownership entitles the owner to authorize others to exercise any of these exclusive rights every bit well.

But if these rights arise automatically, why would anyone consider undertaking additional steps—and expense—to register the copyrights with the U.S. Copyright Function?

The answer is simple: Registration profoundly enhances the value of the copyrights. There are several ways registration enhances the copyrights' value.

Public Tape of Ownership

Registering copyrights creates a public record of copyright ownership. Buying is frequently at issue in disputes over copyrights. Fifty-fifty if an alleged infringer does not merits to exist the creator, the copyright possessor has the brunt to bear witness that it is, in fact, the valid owner of the copyrights in gild to prevail on a claim of copyright infringement.

The record may also be a helpful defensive machinery where a would-be infringer—who is sophisticated plenty to check copyright registrations—is considering using the content without permission. A public record demonstrating a merits to copyrights will get a long mode to demonstrate buying in the event such ownership is challenged in the hereafter.

Presumption of Buying

In fact, courts have held that registration before, or inside five years of, publication of the work establishesprima facie evidence of the validity of the copyrights and the facts stated in the registration certificate—which facts include the identity of the copyright possessor. This ways ownership of the copyright is presumed, and anyone seeking to challenge ownership will accept the burden to demonstrate otherwise. This presumption can be particularly valuable when an infringer is causing serious, irreparable harm and the copyright owner needs an firsthand court order directing the alleged infringer to terminate its unlawful actions.

The Ability to Enforce Copyrights by Filing a Lawsuit for Copyright Infringement

Perhaps the nearly valuable do good of registering copyrights is the ability to file a lawsuit for copyright infringement. A copyright possessor cannot file a lawsuit to enforce/protect its copyrights until the U.S. Copyright Office has issued a registration. The Copyright Role generally takes about seven months to issue a registration subsequently an application is filed, though it can sometimes accept longer. Although expedited consideration can exist requested (at far more than cost), whatsoever boosted time—particularly in instances where the infringer is causing serious damage—tin can be extremely costly.

Most attorneys know of the registration requirement before bringing adapt for copyright infringement. Therefore, registration provides additional credibility when/if the copyright possessor is forced to serve a end-and-desist letter of the alphabet on an declared infringer. A copyright owner who can file an immediate lawsuit is in a far stronger position than one who must expect several months to follow through on a threat. Plus, as indicated beneath, registration before infringement can provide significant financial benefits should someone subsequently infringe the copyrights.

Eligibility for Statutory Damages, Attorney Fees, and Costs of Accommodate

When copyrights are registered prior to infringement (or within three months subsequently publication of the work), a copyright owner becomes eligible for an award of statutory damages. This may be extremely valuable because proving damages in a example of copyright infringement can ofttimes be a difficult task. An award of statutory damages allows the copyright owner to recover a certain amount for each piece of work infringed, yet the possessor's ability to show bodily damages. Eligibility for this boosted measure out of damages may provide the leverage necessary to conclude a lawsuit early, earlier significant expense is incurred in litigation.

Registration during this same period also qualifies a copyright owner to seek an honour of chaser fees and costs of adjust.

Protection Confronting Importation of Infringing Works

The owner of registered copyrights is eligible to participate in a U.Southward. Customs and Border Protection ("CBP") program, wherein CBP volition seize and detain imported goods that violate intellectual property rights in the United States. Registration is required to participate in this program.

Decision

Although copyrights arise automatically upon creation of an original work of authorship, registering the copyrights with the U.S. Copyright Function can profoundly enhance their value. Registration provides a public record of ownership. It can even create a presumption of ownership, which is valuable when enforcing the copyrights in litigation. Registration may be necessary to file a lawsuit for copyright infringement. Registration makes the copyright possessor eligible for statutory damages, chaser fees, and costs of suit. Registration entitles the copyright owner to piece of work with U.S. Community and Border Patrol to detain and seize imported goods that violate the owner's rights. And registering copyrights is relatively inexpensive.

Copyright owners should seriously consider registering copyrights when the work at issue has market value. Registration is particularly advisable when a work is of import to business operations or other profit-seeking activities.

About the Authors: Aaron One thousand. Haar is an chaser with the Phoenix law business firm of Jaburg Wilk. He practices in the areas of commercial litigation and intellectual property. Got a question for Aaron?

Maria Crimi Speth is a shareholder and intellectual property attorney at Jaburg Wilk. She is the department head of the intellectual holding group and has expertise in copyright police, trademark law, and Cyberspace police. She focuses on litigation involving intellectual property rights and Beginning Subpoena rights. Ms. Speth is the author of the book, Protect Your Writings: A Legal Guide for Authors. Got a question for Maria?

This article is not intended to provide legal advice. Ever consult an attorney for legal advice for your detail situation.

[i] The Ninth Circuit (which covers Arizona, Alaska, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington) presently allows a lawsuit to be filed once a copyright application is awaiting—even earlier registration issues. However, copyright owners that reside in the Ninth Circuit may withal be forced to file suit in another jurisdiction depending on the nature and location of the infringement.