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Benefits of Copyright Registration
October 24, 2012
MyTechnologyLawyer
IP Management - Copyright
Copyright protects the form of expression for works of authorship, and is often used to register ownership of computer code, manuals, screen displays and other forms of expression for computer software. Using copyright law, you can establish a long term monopoly giving you the exclusive right to reproduce, distribute and license your software. Equally important, copyright registration provides you with the legal tools necessary to enforce your rights and to preclude the development of derivative works without your consent. Similar protections are available for computer chips under the Semiconductor Chip Protection Act. Copyright Infringement
An owner of a work created in the United States cannot sue for copyright infringement unless he has registered the copyright with the U.S. Copyright Office.
Injunctive Relief
Copyright registration is prima facie evidence of the copyright’s validity. 17 U.S.C. -- 410(c). Thus, it is easier to get a preliminary injunction for a registered copyright.
Damages
Under the Copyright Act of 1976, as amended (17 U.S.C. -- 504), a copyright owner may recover either actual or statutory damages.
Attorney Fees
An owner cannot recover attorney fees unless he has registered his copyright.
U.S. Customs
If a copyright is registered, the United States Customs Service may bar the importation of copies unlawfully made abroad. 17 U.S.C. -- 602, 603.
Record of Ownership
Copyright registration provides a permanent record of ownership, licensing agreements, etc. This record provides constructive notice of such ownership to all residents of the United States.
Public Domain
Registering a copyright prevents the work from entering the public domain.
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