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.