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If Your Art is Worth Stealing, It's Worth Protecting
The way in which copyright protection is secured under the present law is frequently misunderstood. Copyright is secured automatically when the work is first created. No registration or other action in the Copyright Office is required to secure copyright. Even though registration is not a requirement for protection, the copyright law provides several benefits to encourage copyright owners to seek registration.
Mandatory Deposit for Works Published in the United States
Although a copyright registration is not required, the Copyright Act establishes a mandatory deposit requirement for works published in the United States. In general, the owner of copyright or the owner of the exclusive right of publication in the work has a legal obligation to deposit in the Copyright Office, within 3 months of publication in the United States, two copies for the use of the Library of Congress. Failure to make the deposit can result in fines and other penalties but does not affect copyright protection. Certain categories of works are exempt entirely from the mandatory deposit requirements, and the obligation is reduced for certain other categories.
Mandatory Deposit Can Satisfy Copyright Registration Requirements
For works published in the United States, a single deposit can be made to satisfy both the deposit requirement and the copyright registration requirement. In order to have this dual effect, the copies must be accompanied by the application form for copyright registration and the filing fee.
Copyright Notice
Copyright notice, which includes the familiar © symbol, is not required for protection in most countries, including the United States. Use of the notice is important because it informs the public that the work is protected by copyright, identifies the copyright owner, and shows the year of first publication. Use of the notice can prevent alleged infringers from claiming “innocent infringement”, which may limit the amount of damages recovered.
Copyright Registration is Required to File a Lawsuit for Infringement
Before an infringement suit may be filed in court, copyright registration is necessary for works of U.S. origin. You cannot excercise any of these legal remedies without first obtaining copyright registration for your work.
Remedies for Copyright Infringement
If a person copies or uses your work without your permission, you can seek financial recovery. If copyright 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. If registration is not made within 3 months after publication of the work or prior to an infringement of the work, only an award of actual damages and profits is available to the copyright owner. With copyright registration, you will also have the power to stop sales of unauthorized copies of your work and to have copies seized and destroyed.
Proper U.S. Registration and Attorney Assistance
Although an attorney is not required, professional legal assistance can help ensure that you apply for the optimal registration rights. Professional copyright registration in the U.S. is an investment that can head off potential legal challenges in this and other countries, and can smooth the process of doing business.
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To receive free information on copyrights or if you have any questions, contact us via our Contact Form.
If you would like us to prepare an application for you, please submit your request via our Copyright Application Form.
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