The Benefits of Copyright Registration

A copyright is automatically vested when any creative work is created. The author, illustrator, painter, sculptor, or other creator does not have to take any further steps after creation to have a copyright in their work.  Why, then, would a creator want to pay or take the extra steps to get the copyright on their work registered?  There are several important reasons to register your copyright giving immense value to the creator.

Copyright Registration is a Prerequisite to File a Lawsuit

In 2019, the United States Supreme Court ruled in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, that a copyright must be registered with the Copyright Office before a lawsuit for infringement of the copyright can be filed.  In the case, Fourth Estate had filed for copyright registration, but had not yet received a registration. While there are two statutory exceptions to this rule, the Supreme Court rejected rulings from circuit courts that the action of submitting an application for registration was enough to initiate a lawsuit.

If someone is infringing on a work that is not yet registered, the rightful owner can file for “special handling” in filing an application, which provides for expedited review for registration with the copyright office.  This option requires there be an imminent need for registration as well as a significantly increased filing fees, but it speeds up the registration process allowing an author to file a lawsuit quickly.  

Copyright Registration Creates Public Record of Ownership

Registering your copyright with the Copyright Office creates a public record of ownership as well as a presumption of ownership in court.  In a lawsuit, a party claiming ownership over the work must prove ownership. Proving ownership can be difficult in some cases.  Registration creates a public record recognized in court as proof of ownership. Having a registration also means that a court will presume ownership of the work with no further evidence required.  In cases where a quick injunction is being sought, showing registration can save time and lead to a quicker result in the courts.

Copyright Registration and Damages

Once a work is registered, the owner can seek statutory damages for infringement in federal court.  Damages in copyright cases can get complicated with evidence of sales and the potential dollar amounts the rightful owner may have lost because of the infringement. Additionally, it is important to note that a copier of a work can be found liable for infringement activities that occurred even before a registration of the copyright is obtained.  Statutory damages ease the burden of proving damages by guaranteeing the prevailing owner at least a portion of the amount for each act of infringement, while not precluding a showing of actual damages.

Another benefit of copyright registration is the potential for a prevailing owner to recover attorney fees from the infringer.  An award of attorney fees can make the prospect of going to court and the associated costs a much more palatable option to protect the copyrighted work.

Key Takeaways on the Benefits of Copyright Registration

Copyright registration is an important way to protect creative works and can offer valuable benefits, such as:

• The ability to sue an infringer in federal court;

• Ease in obtaining an injunction quickly;

• Providing public notice of ownership rights and creating a presumption of ownership in court; and

• The ability to seek statutory damages and attorney fees.

For more information about copyright litigation, see our Software Protection & Copyrights Services and Industry Focused Legal Solutions pages.