Online Copyright registration services: Importance and Benefits
Why should you bother registering your work with the U.S. Copyright Office when copyright protection is provided automatically? On the contrary, it’s important to register a copyright as soon as possible in order to get advantages in the event of an infringement. Here you will find seven compelling reasons and how to register copyrights.
1. A copyright must be registered before a copyright infringement case can be filed
A copyright infringement lawsuit can only be filed if the copyright has been registered. A copyright infringement case must be filed with the U.S. Copyright Office unless there are a few specific exceptions. No action may be brought for infringement of a United States work’s copyright until the preregistration or registration of the copyright claim has been made, according to 17 U.S.C. 411(a). Registration must be granted (or denied) by the Copyright Office before an application may be considered complete.
The Copyright Office may take months to process your application if you postpone the filing until an infringement dispute occurs, leaving you with little time to initiate a lawsuit against an infringer. Recent times have seen an average of four months for registration, although it might take as long as eleven to twenty-two months for correspondence with a copyright registration online specialist.
2. After five years of registration, copyright owners have a presumption that their work is legitimate
First, an infringer must show that the claimed work is his or hers, and, second, the claimed work has been copied in its original form. The registration certificate is proof of the validity of the copyright and the facts mentioned therein if it is obtained either before publication or within five years after publication. You don’t have to establish to the court that you own valid copyright; instead, the defendant has to show that you don’t. An injunction like a TRO or preliminarily issued injunction can benefit from this presumption of legitimacy.
3. Copyright owners who register their rights in a timely manner are allowed to recover statutory damages, attorneys’ fees, and other costs incurred after registration
Copyright owners can seek statutory damages, attorneys’ fees, claimants, and costs from infringers who have registered their copyrights prior to the effective date of registration. The Copyright Act provides that an infringer is liable for either actual damages and any additional profits of the infringer or statutory damages in an amount set by a court between $750 and $30,000. Statutory damages may be desirable because proving actual harm and increased profits can be difficult to do. It is also possible for a court to raise a judgment of damages to up to $150,000 for intentional infringement. Even yet, only infringements that took place after the date of registration are eligible for statutory damages and legal expenses and costs.
4. For the International Trade Commission to grant exclusionary relief, a company must register with the agency
A federal lawsuit is the only way to enforce copyrights; however, a copyright registration in US is still required under Section 337 of the Trade Act of 1930. In addition, U.S. copyright owners can petition the International Trade Commission (“ITC”) under Section 337 to initiate an inquiry into infringing works imported into the United States and seek an exclusion order to prevent such infringing goods from coming to the country.
5. The United States Customs and Border Protection (CBP) allows copyright proprietors to register their copyrights to prevent unauthorized copies from entering the country.
The United States Customs and Border Protection (CBP) can help copyright owners defend themselves from infringement at the border by documenting their registered copyrights. Imported goods that violate documented copyrights can be excluded, detained, and/or seized by CBP at the border. In addition, CBP’s Intellectual Property Rights Electronic Recordation System accepts online applications for temporary recording of unregistered copyrights while an application for registration at the Copyright Office is pending. However, the federal regulations state that copyright claims must be registered in order to be recorded with CBP for import protection.
6. The act of registering one’s copyrights makes a copy of that record available to the public. In the early aftermath of copyright registration, the world is made aware of your copyright claim
The title, creator(s), claimant(s), and date of creation can all be found in the Copyright Public Records Catalog, as can information about the work’s status as published or unpublished, among other things. The name and contact information of the person or organization that will handle rights and permissions requests can also be included in a copyright owner’s registration. Third parties looking to license a work will have an easier time finding the right person if this information is made available.
7. Constructive notice of transfer documents recorded in the Copyright Office requires registration
Section 205 of the Copyright Act, 17 U.S.C. 205, allows the US Copyright Office to record documents that “transfer copyright ownership,” such as assignment agreements and exclusive licenses, as well as “other documents relevant to a copyright,” such as nonexclusive licenses or powers of attorney. A recording is optional, but it’s usually a good idea for a variety of legal reasons. As a result, everyone who sees a recorded document has constructive notice of the facts expressed in the document and cannot argue otherwise that they do not have knowledge of those facts. Nevertheless, the benefit of constructive notice is only applicable if the activity is registered and the recorded document clearly identifies the work in question.
The copyright registration process is optional, but if the infringement is a concern, owners of copyrightable works should consider registering their works as soon as possible to take full advantage of the benefits provided by registration. You can go for a copyright registration service in case you have concerns and need the right guidance.