Additional Information
- Our Copyright Services
- About Timely Registration
- Should You File a Copyright?
About Timely Registration
Works must be registered to be eligible for protection under the Copyright Act. In particular, the U.S. Copyright Office, which handles registrations, encourages that works be registered in a timely manner to firmly establish ownership. Before an infringement case can be filed in court, registration is absolutely necessary for works created in the U.S.
Registration also enables the copyright holder to register with the U.S. Customs Service for protection against the importation of materials that infringe.
If a copyright is registered within 3 months after publication, and prior to an infringement, the owner may be able to receive both statutory damages and attorney’s fees. Otherwise, the owner of the copyright will only be able to receive actual damages and lost profits.
Registration within five years of publication establishes prima facie evidence in court, meaning the registrar’s ownership is accepted as fact.
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