The purpose of copyright registration is to place on record a verifiable account of the date and content of the work in question, so that in the event of a legal claim, or case of infringement or plagiarism, the copyright owner can produce a copy of the work from an official government source.
Additionally, in the United States, and a few other countries, it was historically a legal requirement[citation needed] to register a work for it to obtain copyright protection.[citation needed] This has now been largely superseded by international conventions, principally the Berne Convention, which provide rights harmonized at an international level without a requirement for national registration. However, the U.S. still provides legal advantages for registering works of U.S. origin (see below).
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Is registration required?
It is a common misconception to confuse copyright registration with the granting of copyright.
Copyright is itself an automatic international right, governed by international conventions - principally the Berne Convention (which dates from 1886). This means that copyright exists whether a work is registered or not. When the US finally signed up to the Convention in 1989, the internal registration system was retained, but foreign works must now be treated as though already registered in the US in accordance with the Berne Convention.
Professor Larry Lessig, Representative Lofgren and others have suggested that countries impose registration requirements after the internal term of protection required by the Berne Convention.
Where can work be registered?
- In the United States, the United States Copyright Office accepts registrations. For works created in the US by US citizens, a registration is also required before an infringement suit may be filed in a US court. Furthermore, copyright holders cannot claim statutory damages or attorney's fees unless the work was registered prior to infringement, or within three months of publication.[citation needed]
- In the United Kingdom and elsewhere, commercial services provide a registration facility where copies of work can be lodged to establish legal evidence of a copyright claim. In the UK, there are also requirements to file certain published works with the British Library and, on request, the five legal deposit libraries.
Finding copyright registrations
Since 1978, all United States copyright registrations and renewals have been published online at the Copyright Office website. Prior to 1978, [1] copyright registrations and renewals were published in semi-annual softcover Copyright Catalogs. For films from 1894 to 1969, inclusive, Library of Congress published hardcover Cumulative Copyright Catalogs, each covering ten or more years.
References
- Copyright Basics (Circular 1). U.S. Copyright Office. July 2008. http://www.copyright.gov/circs/circ1.pdf.
- What to look for when choosing a copyright registration facility. UK Copyright Aid. January 2008. http://www.copyrightaid.co.uk/advice/copyright_registration.
Notes
- ^ Copyright and the Public Domain page 11-10; Stephen Fishman - Law Journal Press (2008); ISBN 9781588521514
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