Can You Have A Copyright Without Registering

Why Register My Copyrights? The Benefits of Copyright Registration

Categories: Intellectual Property, Article

trademark registration benefits

Copyrights ascend 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 work and is immediately entitled to protection. Copyrights grant the possessor the sectional right to reproduce and distribute copies of the work, ready derivative works, and perform, brandish, and broadcast the work publicly. Copyright buying entitles the owner to qualify others to exercise any of these exclusive rights as 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 Office?

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

Public Record of Ownership

Registering copyrights creates a public record of copyright ownership. Ownership is frequently at issue in disputes over copyrights. Even if an alleged infringer does non claim to be the creator, the copyright owner has the burden to evidence that it is, in fact, the valid owner of the copyrights in order to prevail on a claim of copyright infringement.

The record may also exist a helpful defensive mechanism where a would-be infringer—who is sophisticated enough to bank check copyright registrations—is considering using the content without permission. A public record demonstrating a claim to copyrights will go a long way to demonstrate ownership in the event such buying is challenged in the future.

Presumption of Buying

In fact, courts have held that registration before, or inside 5 years of, publication of the piece of 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 buying of the copyright is presumed, and anyone seeking to challenge ownership volition have the brunt to demonstrate otherwise. This presumption can be especially valuable when an infringer is causing serious, irreparable impairment and the copyright owner needs an immediate court social club directing the alleged infringer to stop its unlawful actions.

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

Perhaps the most valuable benefit of registering copyrights is the power to file a lawsuit for copyright infringement. A copyright owner cannot file a lawsuit to enforce/protect its copyrights until the U.S. Copyright Office has issued a registration. The Copyright Office more often than not takes about seven months to outcome a registration later an application is filed, though it can sometimes take longer. Although expedited consideration tin can be requested (at far more than cost), any additional time—especially in instances where the infringer is causing serious harm—tin can be extremely costly.

Near attorneys know of the registration requirement before bringing suit for copyright infringement. Therefore, registration provides boosted credibility when/if the copyright owner is forced to serve a cease-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 i who must look several months to follow through on a threat. Plus, as indicated below, registration earlier infringement can provide pregnant financial benefits should someone subsequently infringe the copyrights.

Eligibility for Statutory Amercement, Chaser Fees, and Costs of Arrange

When copyrights are registered prior to infringement (or inside iii months after publication of the work), a copyright owner becomes eligible for an honor of statutory amercement. This may be extremely valuable because proving damages in a case of copyright infringement tin can oftentimes exist a difficult task. An award of statutory damages allows the copyright owner to recover a sure amount for each work infringed, notwithstanding the owner's ability to testify actual damages. Eligibility for this boosted mensurate of amercement may provide the leverage necessary to conclude a lawsuit early, before meaning expense is incurred in litigation.

Registration during this same menstruation besides qualifies a copyright owner to seek an award of attorney fees and costs of suit.

Protection Against Importation of Infringing Works

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

Conclusion

Although copyrights arise automatically upon creation of an original piece of work of authorship, registering the copyrights with the U.S. Copyright Office can greatly enhance their value. Registration provides a public record of ownership. Information technology can fifty-fifty create a presumption of ownership, which is valuable when enforcing the copyrights in litigation. Registration may exist necessary to file a lawsuit for copyright infringement. Registration makes the copyright possessor eligible for statutory damages, attorney fees, and costs of suit. Registration entitles the copyright owner to 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 marketplace value. Registration is particularly advisable when a work is important to business operations or other turn a profit-seeking activities.

Nigh the Authors: Aaron K. Haar is an attorney with the Phoenix constabulary firm of Jaburg Wilk. He practices in the areas of commercial litigation and intellectual holding. 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 property grouping and has expertise in copyright constabulary, trademark law, and Cyberspace police. She focuses on litigation involving intellectual property rights and Get-go Amendment 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 communication. Always consult an chaser for legal advice for your particular situation.

[1] The Ninth Excursion (which covers Arizona, Alaska, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington) presently allows a lawsuit to be filed one time a copyright awarding is pending—even before registration issues. However, copyright owners that reside in the Ninth Excursion may still be forced to file suit in another jurisdiction depending on the nature and location of the infringement.