Re: Can you sue with no copyright registration - just a fili

More | Report Post

On 1/25/04, btr wrote:

> You don't ever need a copyright registration to sue or prevail
> in a copyright action. All it does is shift the burden to the
> defendant to prove the copyright is invalid.

You are mistaken. Here is an excerpt from 17 USC § 411.

"(a) Except for an action brought for a violation of the rights
of the author under section 106A(a), and subject to the
provisions of subsection (b), no action for infringement of the
copyright in any United States work shall be instituted until
registration of the copyright claim has been made in accordance
with this title."

The rights described in section 106A are the moral rights of
attribution and integrity for certain limited types of works of
visual arts. For suits involving copying, distribution, public
performance or creating derivative works without permission, you
must register the work prior to or on the same date as the
filing the suit.

Further, if you do not register shortly after publicaton of the
work or prior to the infringement, you are ineligible for
certain statutory damages and must prove actual damages. (See
17 USC § 412)

Re: Can you sue with no copyright registration - just a fili, 2/12/04, by anonymous.

Intellectual Property Law Chatboard

LATEST POSTS | BY TOPICS | SUBMIT A POST