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It's not clear from that FAQ itself but if you read PDF (to which the link is broken, but here it is: http://www.copyright.gov/circs/circ01.pdf http://www.copyr
by mistercow 14y ago
It's not clear from that FAQ itself but if you read PDF (to which the link is broken, but here it is: http://www.copyright.gov/circs/circ01.pdf http://www.copyright.gov/circs/circ01.pdf ), they make it pretty clear that the registration can occur after the infringement. However he'd only be able to get actual damages (not statutory damages or attorney's fees) unless it's been less than three months since the work was created.
- chris_wot 14y agoI did a bit of research, and I believe that it's covered by 17 USC § 411(c). You can only sue for copyright infringement within 3 months of the work being "first transmitted" (which I assume also includes publication), and 48 hours after the work has been "transmitted". Not sure if there is some other part of the U.S. Code that applies though.
- mistercow 14y ago>You can only sue for copyright infringement within 3 months of the work being "first transmitted" (which I assume also includes publication), and 48 hours after the work has been "transmitted". I'm not a lawyer, but I don't think 411c applies in this case. That subsection refers to works whose transmission and fixation are simultaneous, which I believe is specific to live broadcasts and performances. I'm not entirely clear on how all of the timing language there is supposed to work, but I don't think any of it applies to webcomics anyway. What would apply, however, is section 412 below that, which basically says what I outlined above; if you want to sue for anything beyond actual proved damages, you have to have registered either before the infringement, or within 3 months of creating the work.