1. If registration is made within 3 months after publication of the work, it is possible to collect statutory damages and attorney's fees in infringement actions (otherwise only actual damages may be collected);
  2. If made before or within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate;
  3. Registration establishes a public record of the copyright claim and allows for the recordation of transfers of ownership of the copyright; and
  4. Registration allows the copyright to be used to prevent the importation of infringing copies.

  • registration is a prerequiste for an infringement action when the copyrighted work is first published in the USA, or if unpublished is by a USA author (if first published outside the USA don't need to worry about registration) but registration IS NOT a prerequisite for works whose country of origin is not the USA (done to comply with Berne Convention)
  • early registration will ensure prima facie proof of validity of the copyright
  • for works of USA origin, registration is a prerequisite to an infringement action
  • statutory damages and attorney's fees may be awarded only if registration is made prior to the commencement of the infringement

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