4 ms·

Registration is not required. Registering allows you to sue for more money than if you don't register, but any creative work is automatically protected by copy

Registration is not required. Registering allows you to sue for more money than if you don't register, but any creative work is automatically protected by copyright law (including full rights to control and prevent reproduction/distribution) automatically as of the moment the work is first fixed into a "tangible form of expression".

beagle3 13y ago
Thanks. But wouldn't they still need to make a copy available e.g. In the court documents? That would definitely be an angle they would want to avoid
- ubernostrum 13y ago
  No, they are not required to make a full copy available to the court in order to enforce copyright. The US Copyright Office has a FAQ document which explains what registration does: http://www.copyright.gov/help/faq/faq-general.html http://www.copyright.gov/help/faq/faq-general.html A more detailed explanation is in this pamphlet: http://www.copyright.gov/circs/circ1.pdf http://www.copyright.gov/circs/circ1.pdf
Amadou 13y ago
Registering allows you to sue for more money than if you don't register, Maximum is $250,000 per infringement if it is registered (and possible jail time for 10 or more infringements). If it is not registered then liabilty is just (simplified version) the retail price of each work infringed. So, without registering it and without ever pricing it for sale, it could be argued that the damages would be $0.
- beagle3 13y ago
  And even if registering, he only made one copy, and $250,000 is kind of cheap for what such a thing may be worth....
dctoedt 13y ago
> Registration is not required. That's not entirely correct. From the U.S. copyright statute, 17 USC 411: "... no civil action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made in accordance with this title." [1] (The term "United States work" is defined in 17 USC 101 [2]. There are certain exceptions, unlikely to be relevant.) [1] http://www.copyright.gov/title17/92chap4.html#411 http://www.copyright.gov/title17/92chap4.html#411 [2] http://www.copyright.gov/title17/92chap1.html http://www.copyright.gov/title17/92chap1.html
- evacuationdrill 13y ago
  So if you find out someone is infringing and want to sue, you begin registration for copyright and file suit shortly after. It doesn't say it had to be registered when the infringement happened.
  - dctoedt 13y ago
    > So if you find out someone is infringing and want to sue, you begin registration for copyright and file suit shortly after. It doesn't say it had to be registered when the infringement happened. Technically that's correct -- but there are some possible adverse consequences if you don't register before the infringement begins (or alternatively within a three-month window after first publication). Specifically: a) you forfeit the option of seeking "statutory damages," and instead you have to prove up your actual economic loss and any additional profits made by the infringer arising from the infringement; and b) you don't get to seek attorneys' fees from the infringer if you win --- but if the infringer wins, the infringer can still seek attorneys' fees from you. See http://www.law.cornell.edu/uscode/text/17/412 http://www.law.cornell.edu/uscode/text/17/412

beagle3 13y ago

Thanks. But wouldn't they still need to make a copy available e.g. In the court documents? That would definitely be an angle they would want to avoid

ubernostrum 13y ago
No, they are not required to make a full copy available to the court in order to enforce copyright. The US Copyright Office has a FAQ document which explains what registration does: http://www.copyright.gov/help/faq/faq-general.html http://www.copyright.gov/help/faq/faq-general.html A more detailed explanation is in this pamphlet: http://www.copyright.gov/circs/circ1.pdf http://www.copyright.gov/circs/circ1.pdf

Amadou 13y ago

Registering allows you to sue for more money than if you don't register, Maximum is $250,000 per infringement if it is registered (and possible jail time for 10 or more infringements). If it is not registered then liabilty is just (simplified version) the retail price of each work infringed. So, without registering it and without ever pricing it for sale, it could be argued that the damages would be $0.

beagle3 13y ago
And even if registering, he only made one copy, and $250,000 is kind of cheap for what such a thing may be worth....

dctoedt 13y ago

> Registration is not required. That's not entirely correct. From the U.S. copyright statute, 17 USC 411: "... no civil action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made in accordance with this title." [1] (The term "United States work" is defined in 17 USC 101 [2]. There are certain exceptions, unlikely to be relevant.) [1] http://www.copyright.gov/title17/92chap4.html#411 http://www.copyright.gov/title17/92chap4.html#411 [2] http://www.copyright.gov/title17/92chap1.html http://www.copyright.gov/title17/92chap1.html

evacuationdrill 13y ago
So if you find out someone is infringing and want to sue, you begin registration for copyright and file suit shortly after. It doesn't say it had to be registered when the infringement happened.
- dctoedt 13y ago
  > So if you find out someone is infringing and want to sue, you begin registration for copyright and file suit shortly after. It doesn't say it had to be registered when the infringement happened. Technically that's correct -- but there are some possible adverse consequences if you don't register before the infringement begins (or alternatively within a three-month window after first publication). Specifically: a) you forfeit the option of seeking "statutory damages," and instead you have to prove up your actual economic loss and any additional profits made by the infringer arising from the infringement; and b) you don't get to seek attorneys' fees from the infringer if you win --- but if the infringer wins, the infringer can still seek attorneys' fees from you. See http://www.law.cornell.edu/uscode/text/17/412 http://www.law.cornell.edu/uscode/text/17/412