Chapter 9

Copyright Formalities

Why Should You Register?

1. Creates a public record of your claim. Anyone can search CR Office records and find out who they need a license from.

2. Registration provides prima facie (at first sight) evidence of ownership. If a dispute arises, the court will PRESUME that you own the work, unless the other party can disprove it.

Why Should You Register?

3. If a work is registered prior to its infringement or within 3 months after its first publication, the owner can choose to obtain statutory damages and attorney’s fees in a successful infringement claim. Good because: - It can be difficult to prove the actual amount that you are damaged, and - This may encourage the other party to settle (pay

you to resolve) your claim.

Who Can Register?

1) Any of the work’s authors; and

2) Anyone who owns one of the exclusive rights.

NOTE: Only ONE registration is needed to protect all

owners.

When Should You Register?

1) As soon as possible after creation; or

2) Within 3 months after the work’s initial publication, in order to have the right to receive statutory damages and attorney’s fees in an infringement action. Publication means to make available to the public (does not include performing).

How to Register

Can register online or by mail. Must include:1) A completed application form,

2) Payment of the application fee,

3) A deposit copy. (Actually 2 copies, 1 if the work is unpublished)

Registering a Collection1. Works must be unpublished.2. Same person must own all works and the

collection as a whole.3. If multiple authors, at least one of them must

have contributed to each work.4. Must list individual works5. Collection must have a single tile: “Bob’s

Greatest Hits”

The Myth of the Poor Man’s Copyright

Mailing the work to yourself.

# It is NOT conclusive evidence of ownership #(Yes it can be “some” evidence)

# It does NOT enable you to recover statutory damages or attorney’s fees. #

Copyright Notice1) Copyright Copr. or © For a sound recording (p)

2) The year of initial publication, or if unpublished, the year of creation.

3) The copyright owner’s name.

Copyright NoticeShould be placed:“in such manner and location as to give reasonable

notice of the copyright”

END OF CHAPTER 9