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Should I register my copyright?

January 5, 2013
MyTechnologyLawyer
Web Edition

Copyright is the body of law that grants protection to works of authorship. These works can include software, as well as books, films and music.

Copyright protects the form of expression - not the underlying ideas. This protection takes the form of an exclusive monopoly extended to the owner of the work to perform the work, make copies and create derivatives. Unauthorized use of the work constitutes copyright infringement, giving the owner of the copyright the right to file a lawsuit under the Copyright Act for damages.

The rights of the copyright owner accrue to the author or employer upon authorship - not registration. Nevertheless, registration is required to assert copyright infringement claims under the U.S. Copyright Act. If a work is registered within five years of first publication, the registration is considered prima facie evidence of copyright ownership and validity in a court of law. Finally, bringing your claim under the U.S. Copyright Act allows for recovery of statutory damages and attorney fees.

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