Why Register a Copyright?

Copyright protection exists the moment software is written, a painting painted, or a photo captured. Technically registration is not required.

Then why register at all? Presently, you do need a registration to sue for infringement.

More importantly, copyright registration also provides the benefits of statutory damages and the ability to recover attorneys’ fees. With the cost of litigation, the latter benefit may be the most critical.

Courts in a copyright context seem more willing to award attorneys’ fees and I have seen copyright disputes settle quickly based solely on the threat of having to pay fees.

Timing is everything!

To obtain these advantages, the work must be registered before infringement occurs or within three months of the work’s creation. Since infringers tend to be unpredictable and ubiquitous, I recommend registering within three months of creation. This grace period permits recovery of statutory damages and attorneys’ fees even if the infringement occurred before registration.

Finally, copyright filing fee is small. File early and file often!