Copyright registration is the process by which a formal claim of copyright is filed on a work with the U.S. Copyright Office. Registration is not a condition of copyright protection, although it is a prerequisite for filing a copyright lawsuit on U.S. origin works. However, it is possible to file a lawsuit on a previously unregistered work merely by filing an application for registration immediately prior to initiating the lawsuit.
Even though registration is not a requirement for copyright protection, the Copyright Act does provides several inducements or advantages to encourage copyright owners to file for copyright registration. Among these advantages are the following:
- If registration is made within 3 months after publication of the work, it is possible to collect statutory damages and attorney's fees in infringement actions (otherwise only actual damages may be collected);
- If made before or within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate;
- Registration establishes a public record of the copyright claim and allows for the recordation of transfers of ownership of the copyright; and
- Registration allows the copyright to be used to prevent the importation of infringing copies.
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