What are the Benefits of Copyright Registration?
Although copyright registration is not necessary for a work to be protected, there are numerous benefits to registering a work. Major benefits of copyright registration include (1) the ability to bring an infringement action; (2) evidence of validity; (3) statutory damages and attorney fees; (4) satisfaction of deposit requirements; (5) creation of a public record; and (6) the ability to participate in settlements of class action lawsuits.
Below is an explanation of each of these benefits.
- Bringing an Infringement Action: A certificate of copyright registration, or a formal written refusal from the Office is required before a copyright owner can bring a copyright infringement suit in federal court. (Foreign copyright owners need not register their U.S. copyrights before filing suit). In the small-claims copyright tribunal, the Copyright Claims Board (CCB), the work that is the focus of a claim must either be registered prior to bringing the claim, or (at the very least) the registration application must be pending with the Copyright Office at the time the claim is filed with the CCB.
- Evidence of Validity: If a registration application is submitted to the Copyright Office within five years after first publication of the work, the certificate of registration issued by the Office will constitute prima facie evidence of the validity of the copyright and of the facts stated in the registration certificate. This could be important if a copyright infringement case is brought involving the work and may also be helpful in copyright ownership disputes.
- Statutory Damages and Attorneys’ Fees: To be eligible for an award of statutory damages and attorneys’ fees in a copyright infringement case, the copyrighted work must either be registered before infringement commences, or, in the case of published works, be registered within three months after first publication. Actual damages in an infringement suit may be either nominal or difficult to prove so having the ability to claim statutory damages is extremely significant and may even determine whether it makes sense to sue in the first place.
- Satisfying Deposit Requirements: Irrespective of copyright protection and subject to some exceptions, the Copyright Act requires that copyright owners deposit two copies their works with the Library of Congress within three months after the works have been published. This is commonly referred to as mandatory deposit. (The penalty for not doing this is a fine that can only be imposed after the Copyright Office makes a formal demand for the copies on behalf of the Library). When a registration application is submitted to the Copyright Office the copies of works submitted with that application usually satisfy the Library’s independent deposit requirements.
- Creating a Public Record: Registration is considered notice to the world of your copyright claim. Among other things, this helps people who wish to license your work to ascertain the status of your work and to find you.
- Participating in Class Action Lawsuit Settlements: In order to participate in a copyright class-action lawsuit settlement, settlement terms often require that a work must be timely registered with the Copyright Office (within three months of publication or before the infringement occurs).
For a full list of the benefits associated with copyright registration, see U.S. Copyright Office, Compendium of U.S. Copyright Office Practices § 202 (3d ed. 2014) (“Compendium (Third)”).
To stay up-to-date with the many benefits of copyright registration, join the Copyright Alliance today—it’s free.