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.
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the law before 1978, when a work has been registered in unpublished form,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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