If you are an artist, filmmaker, or other creator, your work is likely already protected under copyright. Under US law, works are protected the moment they are created and fixed in a tangible medium. So long as your original work has been written down or recorded it is copyrighted.
However, to enjoy most benefits of that copyright, you need to register your work with the United States Copyright Office.
You Can't Sue Until You Register
The reality of the internet makes the theft and illegal distribution of copyrighted content almost an inevitability. Imagine finding your video stolen and monetized by someone else or your original artwork being sold on merchandise, others profiting from your work. What can you do? Depending on where they host it, you can try filing a DMCA Takedown Notice. But if that is ignored you have very few other options unless you register your work.
Registering your copyrighted work is a prerequisite to filing a lawsuit. Once you have registered your work your rights have strength. You can sue the infringer for damages or seek a court order that they stop stealing your work. Without registration, this option never opens up.
No Statutory Damages Without Registration
In a lawsuit you can recover the harm that the theft of your work caused. But copyright law provides a different, and possibly more lucrative, remedy: statutory damages. Essentially, this is money prescribed by law, which means it may exceed the actual damages you incurred.
Statutory damages range from $750 to $30,000 per instance of unwillful infringement. In the case of willful theft, this can rise to $150,000 per infringement.
However, statutory damages will only be available if:
- The work was registered within three months of first publication, or
- The work was registered prior to the infringement.
This illustrates the importance of protecting your work before you need to enforce it. Timely registration could make all the difference in how much money one can receive at trial.
Registration is Important
Registration allows copyright owners to enforce their rights. Without it, options are extremely limited. The Law Firm of Dillon McCarthy is committed to making sure that rights holders enjoy the full protection of copyright law. To register your work or enforce your rights contact us today.