Copyright law can be enforced in federal court

  • Registering a work is not mandatory, but for U.S. works, registration (or refusal) is necessary to enforce the exclusive rights of copyright through litigation.
If somebody infringes your copyright, you are entitled to file a lawsuit in federal court to enforce your rights. Remedies include obtaining an injunction or restraining order to prevent additional violations, an award of money damages, and possibly attorneys' fees.

Can I bring a lawsuit to enforce my copyright?

In order to bring a civil lawsuit to enforce your copyright, you have to register your work with the Copyright Office.
The Copyright Office is an office of record, not an enforcement agency, and cannot offer legal advice.
Certain works, such as:

  • musical compositions
  • literary works
  • and computer programs
  • can be preregistered online.
  • ,

    How Do I Register Copyright?

    You can register your copyright by filing a simple application and depositing one or two samples of the work (depending on what it is) with the U.S.
    Copyright Office.
    There are two ways to file a copyright application: 1. file using the online eCO system (currently $35 to $55 per application); or 2. file using traditional paper forms (currently $85.

    ,

    Is a copyright infringement a crime?

    the infringing work was independently created (that is, it wasn’t copied from the original), or the copyright owner authorized the use in a license.
    If someone has good reason to believe that a use is fair — but later finds herself on the wrong end of a court order — she is likely to be considered an innocent infringer at worst.

    ,

    What does a Copyright Office do?

    The United States Copyright Office handles copyright registration, recording of copyright transfers, and other administrative aspects of copyright law. United States copyright law traces its lineage back to the British Statute of Anne, which influenced the first U.S. federal copyright law, the Copyright Act of 1790.

    ,

    Why Should I Register My Work with The U.S. Copyright Office?

    You must register your copyright with the U.S.
    Copyright Office before you are legally permitted to bring a lawsuit to enforce it.
    You can register a copyright at any time, but filing promptly may pay off in the long run. “Timely registration” — that is, registration within three months of the work’s publication date or before any copyright infring.


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