In general,
copyright registration is a legal formality intended to make a public record of
the basic facts of a particular copyright. However, registration is not a
condition of copyright protection. Even though registration is not a
requirement for protection, the copyright law provides several inducements or
advantages to encourage copyright owners to make registration. Among these
advantages are the following:
1) Registration establishes a public
record of the copyright claim.
2) Before an infringement suit may be
filed in court, registration is necessary for works of U. S. origin.
3) If made before or within 5 years of publication, registration will
establish prima facie evidence in court of the validity of the copyright and of
the facts stated in the certificate.
4) If 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. Otherwise, only an award of actual damages and profits is
available to the copyright owner.
5) Registration allows the owner of
the copyright to record the registration with the U. S. Customs Service for
protection against the importation of infringing copies. For additional
information, request Publication No. 563 "How to Protect Your Intellectual
Property Right," from: U.S. Customs Service, P.O. Box 7404,Washington, D.C.
20044. See the U.S. Customs Service Website at [http://www.customs.gov] for
online publications.
6) Registration may be made at any time within
the life of the copyright. Unlike the law before 1978, when a work has been
registered in unpublished form, it is not necessary to make another
registration when the work becomes published, although the copyright owner may
register the published edition, if desired.















