Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

U.S. Supreme Court Considers Copyright Registration of Multiple Works

By Rex A. Donnelly
November 01, 2021

Copyright registration is not mandatory to obtain rights in the United States, consistent with the rest of the world, under the Berne Convention. The owner of a work is entitled to mark the work "© [owner] [date]" to provide notice of ownership, regardless of registration status. A federal copyright registration is only required to enforce rights in U.S. courts. So why register early? U.S. law contains some valuable incentives to encourage copyright registration. An owner who timely registers is eligible to recover statutory damages (if desired) and attorney fees, in addition to obtaining an injunction. A copyright owner who registers more than three months after publication and after infringement commences, can still seek an injunction, but monetary recovery is limited to actual damages.

Many infringement cases involve zero or only de minimis actual damages. With potential statutory damages of up to $30,000 per infringement (up to $150,000 for willful infringement), and in view of the steep cost of litigation, the prospect of being awarded statutory damages and attorney fees can mean the difference between the owner of a registered work confidently asserting and fully litigating its rights, or not being able to litigate at all. A government fee of $45 for electronically filing a copyright application for a single work and a provision that allows for registration of multiple works together in a single application in certain circumstances (more on that below), make registration a bargain compared to other types of IP protection.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs Image

A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.

Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.