Are Foreign Creators Protected in the US?

Full Question: If a foreign creator registered her work with her home country, does she receive protection in the United States?

Answer: The United States is a member of the Berne Convention and honors the copyright in works of authors from all member countries, whether the work has been registered in that foreign country or not. A foreign author may bring a copyright infringement action in a U.S. district court without registering his or her work with the U.S. Copyright Office. However, a foreign author must register his or her work with the U.S. Copyright Office in order to obtain certain statutory benefits that are provided under the 1976 Copyright Act, such as the presumption of validity and the ability to claim statutory damages and attorney’s fees in an infringement action.