What is a Copyright?
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:
- Registration establishes a public record of the copyright claim
- Before an infringement suit may be filed in court, registration is necessary for works of U.S. origin
- If made before or within five 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.
- If registration is made within three 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
- 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, visit the U.S. Customs and Border Protection website
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 Unlike the law before 1978, when a work has been registered in unpublished form, it is not necessary to make another registration when the work becomes published, although the copyright owner may register the published edition, if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.
Ready to start the Copyright Registration process? Visit the Registration Portal provided by the U.S. Copyright Office.
Copyright Services Offered by Bold IP
Copyright Application: Protect what you have created! Bold IP helps Federally Register your creative work with the Library of Congress. Writings, Sculptures, Screenplays, Music, Movies, etc. Government fees vary depending on the type and quantity of specimen submitted. Our IP attorneys will help you understand the value of registration, how it protects you and your businesses’ creative works in commerce and beyond.
Copyright Litigation Support: Bold IP stands ready to represent you and your business in litigation to defend against copyright infringement claims or to help you pursue and defend your registered mark against a would-be infringer. Bold IP looks for opportunities to settle with opposing parties before court costs and lengthy proceedings begin by arranging licensing or purchase agreements.
Domain Name Disputes: Bold IP understands the statutes under Federal law for enforcing and upholding rights to domain holders and the rights of would-be owners. In general, the government rewards those who enter into commerce using a domain name which was properly created and assigned. They reward those businesses that drive the economy using their domains and thus increase GDP collectively. We strive to understand each client’s position, and resolve most of our matters out of court in an efficient manner which results in a win-win for our clients.
Digital Millennium Copyright Act (DMCA): We got your back! Bold IP stands behind you, even against the Big guys! DMCA criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works. It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet.
Copyright Monitoring Service: Once you get your copyright registered, the hard work of enforcing your artistic work beings! Let us work hard in your corner to provide you with an initial landscape analysis of all of the published art that may be encroaching or infringing your rights! The analysis will uncover anyone that may be currently infringing on your registered copyright or any derivative works therein. Then, periodically, we will provide you an ongoing monthly monitoring service that fits your needs. Monitoring is critical to ensuring you and your team are staying abreast of potential infringers! Let us know what level of monitoring you need.