Advantages to Copyright Registration Laura Bost, University of Texas Press

Any work when "fixed in a tangible form of expression" is automatically copyright protected whether or not the work has been published or officially registered through the Copyright Office. However, the advantages of registering the work are numerous. Not only does the registration create a public record of ownership, it is crucial in preventing copyright infringement. Registering works within three months of publication or before an infringement has occurred allows the owner to receive statutory damages and attorney's fees in an infringement lawsuit. An infringement suit cannot be filed until a formal registration is made through the Copyright Office for works created in the U.S. and for works not created or published in a Berne Union country. Without registration under these terms, the copyright owner can be awarded actual damages and lost profits only. The owner can also protect works "against the importation of infringing copies" when registration is recorded with the U.S. Customs Service.

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Last updated: November 9, 2001