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Personal Legal Sourcebooks
"LAWCHEK® Intellectual Property"
This is not a substitute for legal advice. An attorney must be consulted. "This
work is protected under the copyright laws of the United States. No
reproduction, use, or disclosure of this work shall be |
What are the benefits of copyright registration? |
Even
though registration is not generally a requirement for copyright
protection, the copyright law provides several advantages to encourage
copyright owners to register. Registration establishes a public record of the copyright
claim. Before an
infringement suit may be filed in the court, registration is necessary
for works of U.S. origin. 17
U.S.C. §411(a). In addition, registration also establishes a prima facie
evidence of validity of the copyright.
17 U.S.C. § 410(c). Moreover,
if registration is made within three months after publication or prior
to an infringement of the work, statutory damages and attorney's fees
may be available to the copyright owner in court actions.
17 U.S.C. § 504. Otherwise,
only an award of actual damages and profits is available to the
copyright owner. Furthermore,
registration allows the owner of the copyright to record the
registration with the U.S. Customs Service for protection against the
importation of infringing copies. Registration
may be made at any time within the life of the copyright.
Thus, registration can occur before, during, or after
infringement. |
This is not a substitute for legal
advice. An
attorney must be consulted.
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