The U.S. Supreme Court clarified what had been a grey area in copyright law – copyright owner must register their work with U.S. Copyright Office before you sue for copyright infringement. Infringement suits were previously allowed to proceed by some courts (including the Ninth Circuit), even though applications were still pending.
However, the Supreme Court’s decision doesn’t change the law that copyright registration does not need to be obtained in order for copyrights to be acquired. Copyrights are acquired by the author of original works when the work is created, fixed on a tangible medium, and used. Copyrights grant the right to reproduce, distribute, prepare derivative works and display, perform, and broadcast the work. Copyright owners must register their copyright with the U.S. in order to enforce these rights.
- You will need to register copyrights with U.S. if you are involved in creating original works that are subject to copyright protection.
- Copyright Office to pursue legal action against infringers. Registration does not include submitting your work to the Library of Congress, or including a copyright note on your work without filing an application for copyright.
- To register a copyright you will need to complete the application form which is available at U.S. Copyright Office website. Complete the form and send it with the application fee along with a copy of the work to the U.S. Copyright Office.
Why is it important?
Registration of copyrights provides legal benefits that go beyond the requirement to bring a case. Copyright owners who register their copyrights prior to infringement or within three months of the publication of their work are eligible for statutory damages.
Summarized from an article by Stubbs, Alderton & Markiles, LLP.
