Copyright infringement without registration

Dec 16, 2021Under 17 U.S.C. § 411, no civil action for infringement of a copyright in any United States work shall be instituted until preregistration or 
A suit for infringement can be filed only when the copyright is registered. Hence, if your copyright is not registered, you will not be able to bring a suit for infringement. As a registered copyright certificate acts as prima facie evidence of the original work against which a suit can be initiated.

Can I sue for copyright infringement without registering my copyright?

You cannot bring a suit for copyright infringement without first registering your copyright.
It is possible to sue for an injunction, which would order the individual using your copyrighted work to stop using it.
It is possible to get actual damages and profits in a suit involving an unregistered copyright.

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What happens if a copyright application is refused?

In any case, however, where the deposit, application, and fee required for registration have been delivered to the Copyright Office in proper form and registration has been refused, the applicant is entitled to institute a civil action for infringement if notice thereof, with a copy of the complaint, is served on the Register of Copyrights.

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What is a copyright infringement?

any infringement of copyright in an unpublished work commenced before the effective date of its registration; or any infringement of copyright commenced after first publication of the work and before the effective date of its registration, unless such registration is made within three months after the first publication of the work.

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Why do you need a copyright registration?

The most significant advantage is that registration is a prerequisite to filing an infringement suit in court.
Meaning, in order to be able to file a lawsuit against an infringer for copyright infringement and stand a chance at recovering any type of damages, you must have a copyright registration for the work or works at issue.


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