Copyright Registration


Generally speaking, copyright registration is a legal formality used to make the public aware of the facts of a particular copyright. It may be made at any time within the life of the copyright. However, registration is not a condition for copyright protection. Even though registration is not a requirement for protection, the copyright law provides several incentives or advantages to encourage copyright owners to register a copyright. Among these advantages are:

1. Public record----Registration establishes a public record of the copyright claim;

2. Filing an infringement suit----Registration is necessary for works of U. S. origin before an infringement suit may be filed in court;

3. Establishing prima facie case for infringement suit----Registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate, if it is made before or within 5 years of publication;

4. Enabling claim for statutory damages and attorney's fees----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; and

5. Protection against importation of infringing copies----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.

A copyright registration is effective on the date the Copyright Office receives all the required elements in acceptable form, regardless of how long it then takes to process the application and mail the certificate of registration. The time the Copyright Office requires to process an application varies, depending on the amount of material the Office is receiving. Please consult with our attorneys for further information.

(Updated 10/4/2012 by AG)

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