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> 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 copyri
by 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 agoSo 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