Registering your work with the Registrar of Copyright Office is basically a copyright protection insurance policy. Copyright protection arises automatically the moment the author fixes the work in a tangible form (i.e. when a writer writes her story), without the author having to do anything.
So why register for copyright protection if you’re work is automatically protected? Here are four important reasons why filing for copyright protection with the Registrar of Copyright Office is important:
Copyright registration establishes a public record of your copyright and puts everyone in the world on notice that you have sought and claim copyright protection under the Copyright laws.
You cannot sue anyone for copyright infringement until you have filed for copyright protection with the Registrar of Copyright Office.
No award for statutory damages or attorneys fees will be made for any infringement of a copyright in an unpublished work which occurs prior to the submission of the copyright registration documents. The same holds true for published works, unless the copyright registration is made within three months after the first publication.
If the registration of your work is done within five years from its creation, it is considered prima facie evidence in court. Prima facie evidence means that if you ever went to court, proof of the copyright registration with the Registrar of Copyright Office would be sufficient evidence of your ownership of the copyrighted material.
The only way for another party to win would be for them to present evidence showing: Copyright that they had a pre-existing copyright claim to the work. Copyright that you permitted them to use your work. Copyright that you didn't actually create the work. Copyright that you stole it from them.
If you’re serious about protecting your work, obtaining copyright protection under the copyright laws is a smart and necessary step to take.
Is a copyright recognized worldwide? Copyright is recognized virtually worldwide under the Berne Convention and the applicable law of its member nations. |
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