Pros and Cons of Registering your Copyright with the US Copyright Office

Hello!

Copyright protection is currently a huge issue on the internet.  As a blogger, I hear many complaints from fellow bloggers that this site, publication, or individual used their blog material as their own without giving the original author (blogger) credit.  This is very frustrating because writing is hard work and nothing is more deplorable than when someone takes credit for something you put your time and effort into.  Below I am going to discuss some basic rules and principles of copyright law and then in my next post, I will give you some practical tips to protect your work on the internet.

A copyright owner is one who can prove that the work is an indepedent original creation.  A copyright owner has the exclusive right to: 1) make the work, 2) copy the work, 3) sell and distribute copies, 4) make a derivative (book or movie) of the work, 5) perform the work publicly, and 6) display the work publicly. Any person who excercises any of the above 5 rights of the copyright owner, without the owner's permission, is a copyright infringer.  1976 U.S. Copyright Act. 

Once an individual creates an independent original creation, that individual automatically owns a copyright.  This copyright is obtained without registering the work with the Library of Congress, U.S. Copyright Office and is valid for the life of the copyright owner plus 70 years.U.S. Copyright Act.  However, in order to file a copyright infringement action against an infringer and take advantage of certain remedies (resolutions) established by the federal government for those who are victims of copyright infringement, a copyright owner MUST register their original work with the US Copyright Office. 

Remedies available to un-registered (US Copyright Office) copyright owners are the following:

1. Go to civil court to obtain an injunction (an order from the court) demanding that the infringer stop the infringement.

2. The copyright owner's actual damages (professional harm, revenue, etc.) from the infringment and any profits made by the infringer.  However this has always been very hard to prove.  It is well known in copyright practice this is nearly impossible to prove.  So most copyright owners simply end up with an injunction and no monetary award.  Attorneys fees may also be awarded.

Remedies available for registered works with the US Copyright Office:

1. Statutory Damages.  Once you have established copyright infringement you can elect for statutory damages (monetary awards set by federal law that are automatically given to the copyright owner ) which are no less than $750 and up to $30,000.  Also the winning party is awarded attorney fees and costs. So you do not have to prove loss revenue, harm, or gain of profits by the infringer. So essentially, if you register your copyright with the US Copyright Office, and you can prove copyright infringement, you are guaranteed to receive some monetary award.  If your copyright is not registered, your likliehood of receiving any monetary award is very sketchy. 

So it is very good practice to register your copyrighted works as soon as they are created. Why? Guaranteed statutory damages are only available to those who register their original material within 90 days of publication of the work or those who register before the infringement takes place.  A copyright application only costs $45 ($35 on line) to file with the US Copyright Office.  Plus you can complete the application and file it yourself.  Click here for application information.  Just make sure you read the instructions for completing the application thoroughly and complete it as instructed. You can hire an attorney to complete it for you, but you will have to pay legal fees and the application fee.

I hope this information was helpful.  If you have any further questions or concerns, please email me.