If My Copyright is Automatic Why Should I Bother to Register It?

The Copyright Act of 1976 is the foundational federal copyright law. When a person creates an original work of authorship, copyright protection applies automatically. With that being said, many copyrights are formally registered. This raises an important question: Why bother registering a copyright if protection is automatic? In this article, our Florida copyright lawyer answers the question by explaining the benefits of registering a copyright.

You Cannot File a Federal Copyright Infringement Lawsuit Without Registration

While your copyright exists the moment your work is created and fixed in a tangible form, you cannot sue someone for infringement in United States federal court unless the work is registered. Indeed, copyright registration is a legal prerequisite for enforcing your rights. Without it, even blatant copying may go unpunished. You should register your copyright to ensure that you have all options available as a remedy.

Copyright Registration Opens the Door to Statutory Damages and Attorney’s Fees

If your work is registered before the infringement occurs (or within three months of publication), you may qualify for statutory damages and attorneys’ fees. That means you could recover thousands of dollars per violation. In other words, you may be in a position to get compensation without having to prove actual losses. That can make enforcement far more practical and cost-effective. Without a timely registration, you are limited to actual damages and lost profits.

Copyright Registration Creates a Legal Presumption of Ownership

It is a lot easier to prove that you are the rightful owner of a copyright when you have formally registered it with the Copyright Office. Indeed, a registered copyright serves as prima facie evidence that you own the work and that it is original. Put another way, there is a legal presumption that offers a powerful advantage if ownership is ever in dispute. In court or during settlement negotiations, a registration certificate shifts the burden of proof to the other side.

Copyright Registration Can Help You Secure Licensing and Monetization Opportunities

If you do not formally register your copyright, you will not be in a position to take advantage of all potential commercial opportunities. Many platforms, publishers, and distributors prefer or even require registered copyrights before entering into licensing agreements. Registration adds legitimacy and clarity to your claim. That matters. It makes it easier to sell or license your work. It is also an essential step if you want to assign your copyright or use it as collateral for a business transaction.

Contact Our Florida Copyright Attorney Today

At Perkins Law — Brand Protection, our Florida copyright attorney is standing by, ready to help you navigate all aspects of the copyright registration process. If you have any questions about the advantages of copyright registration, we can help. Contact us right away for a completely confidential consultation. We provide copyright law services throughout South Florida and beyond.

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