In general, copyright registration is a legal formality intended to make
a public record of the basic facts of a particular copyright. However,
registration is not a condition of copyright protection. Even though
registration is not a requirement for protection, the copyright law
provides several inducements or advantages to encourage copyright owners
to make registration. Among these advantages are the following:
+ Registration establishes a public record of the copyright claim.
+ Before an infringement suit may be filed in court, registration is
necessary for works of U. S. origin.
+ If made before or within 5 years of publication, registration will
establish prima facie evidence in court of the validity of the
copyright and of the facts stated in the certificate.
+ If registration is made within 3 months after publication of the
work or prior to an infringement of the work, statutory damages and
attorney's fees will be available to the copyright owner in court
actions. Otherwise, only an award of actual damages and profits is
available to the copyright owner.
+ Registration allows the owner of the copyright to record the
registration with the U. S. Customs Service for protection against
the importation of infringing copies. For additional information,
request Publication No. 563 "How to Protect Your Intellectual
Property Right," from: U.S. Customs Service, P.O. Box 7404,
Washington, D.C. 20044. See the U.S. Customs Service Website at
[http://www.customs.gov] for online publications.
Registration may be made at any time within the life of the copyright.
Unlike the law before 1978, when a work has been registered in
unpublished form, it is not necessary to make another registration when
the work becomes published, although the copyright owner may register
the published edition, if desired.
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