Patents  Trademarks Copyrights

 

Naperville, IL
608 South Washington Street
Suite 210
Illinois 60540
Email 

Tel.
630-789-9767
Fax
630-789-9762

Why Register a Copyright? 

Registration of a work that was obtained within five years of publication is very good evidence of the validity of the copyright.  This proof may prove very valuable in an infringement case.

Additionally, registration is a prerequisite to bringing a Federal copyright infringement law suit.  This action is immediately available throughout the fifty states and provides for injunctive relief and statutory damages.  

The registration of the copyright need not occur before the date of the alleged infringing activity.

If not registered, then certain remedies are not available:

	Statutory damages and/or attorney fees for infringement activities of an unpublished work that occurred prior to registration;
	Statutory damages and/or attorney fees for infringement activities of a work after publication but prior to registration. If the copyright were registered within three months of publication these remedies are available.

Although Copyrights will attach upon the fixing of the expression into a tangible form, any expression which is valuable and therefore the possible subject of infringement, should be registered with the Library of Congress Copyright Office as soon as possible. Registration can be important when making the determination of who was the first to create.  It is also important because only registered works may make us of the federal courts.