Let’s welcome again month-to-month columnist Kelley Manner as she shares with us “Do I Have to Register My Copyright?” Take pleasure in!
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After I current on copyright points throughout my talking engagements, I’m steadily requested about copyright registration and whether or not they should register their copyright.
The reality is, you technically don’t should (however end this text to see how not submitting may harm you earlier than you wash your palms of the matter).
Underneath the present Copyright Act, you have got a copyright as quickly because the work is accomplished and in some format that others can work together with — for instance, when your manuscript is typed into your laptop or your portray is in your canvas.
That mentioned, registration remains to be a wonderful concept for a number of causes:
- It places the world on discover that you’ve got a copyright and need to defend it.
- If it’s important to sue somebody for copyright infringement, you may’t file the lawsuit till the copyright is registered. If it’s registered beforehand, you will get into courtroom sooner.
- If the copyright is registered earlier than the infringement began, you will get statutory damages. In different phrases, the courtroom will assume the infringer knew they have been infringing, and so they’ll punish them with further fines.
As well as, the registration course of is easy and comparatively cheap for the reason that Copyright Workplace needs to encourage individuals to register.
I supply this as considered one of my providers, however I encourage individuals to have a look at the Copyright Workplace web site first and resolve in the event that they really feel they want a lawyer for this.
What concerning the “poor man’s copyright?”
That is a kind of myths that refuse to die.
Occasionally, somebody asks me about this.
The story goes that should you don’t need to register formally, you may mail a replica of the work to your self, which counts as a copyright.
Sadly, that’s not the way in which it really works.
In case your work meets the necessities for a copyright, then it has a copyright.
In case your work is on file with the Copyright Workplace, then it’s registered.
Mailing a replica to your self doesn’t change something.
Nonetheless, it may serve one goal.
When you get sued for infringement (otherwise you sue another person for infringement), a postmarked, unopened envelope can function proof that the work existed in a sure format at a sure time.
So, mailing a replica to your self might be helpful, however not for the aim of securing a copyright or a copyright registration.
You probably have additional questions, need to ask me about registering your copyright, or would really like me to current on this or different mental property matters at an upcoming occasion or conference, you might be welcome to electronic mail me at kaway@kawaylaw.com.
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ABOUT THE AUTHOR
Kelley Manner was born and raised in Walnut Creek, California. She graduated from UC Davis with a B.A. in English, adopted by a Juris Doctorate. Kelley is a member of the California Bar, and an aspiring author of younger grownup fantasy novels. Extra data at kawaylaw.com.
