Why You Should Register Copyright



 Why You should Register Copyright

by Susan Basko, Esq.

1. I spend a lot of time doing take-downs of copyright infringements off the internet.  If the item does not have a US Copyright registration number, the chance of infringing materials being removed is almost zero.  Even with a registration, it takes multiple reports and contacts to get one item removed.

2. There are an enormous amount of people that think if a copyright is not registered, it is free to take. Most people think if something is on the internet, it is free to take.

3. If you have the need, as well as the money and time, to file a Copyright lawsuit, you can only file a lawsuit AFTER a copyright is fully registered, meaning it must go through the full registration process first, which usually takes a few months  

4. If you file a copyright lawsuit, you can only get statutory damages and attorney fees if the copyright was registered BEFORE the infringement took place (or if it was registered within a short time after creation, for the quick infringers).  

5. The possibility of statutory damages, rather than real damages, is the only thing that stops knowledgeable people from infringing, since statutory damages can be up to $150,000, while real damages might be negligible.

6. The possibility of attorney fees is the only thing that causes any law firm to take on a Copyright case. 

7.  The possibility of a Copyright lawsuit, which is only possible with a Copyright registration, is the only thing that causes most major websites to remove infringing material.

8. At this time, AI is being used to create instant clones of many books on Amazon and other sites. These clone books use AI to summarize online books and offer them as a new book with a similar title and look. The only way to battle these is with take-downs based on Copyright.

9. Copyright registration makes it clear who owns the rights to a creative work.

10. Copyright registration makes it easier to pass the rights to a creative work on down to your children or others to whom you wish to leave these in a will.  Most copyrights are valid for 70 years after the death of a creator of the works.  These can be a very valuable thing to leave to your loved ones.