If copyright is automatic the moment you create something, why pay to register it? Because the two are not the same thing. Copyright is the underlying right; registration is what makes that right enforceable in the ways that matter.
What rights do you have without registering?
The instant you fix an original work in a tangible form, save the file, write the page, take the photo, you own the copyright. You can display the copyright symbol, license the work, and assert ownership. No registration required.
What only registration unlocks
- The right to sue. U.S. law requires a registration before you can file a copyright infringement lawsuit in federal court. No registration, no courtroom.
- Statutory damages. With timely registration (before an infringement begins, or within three months of publication), a court may award statutory damages of $750 to $30,000 per work, and up to $150,000 for willful infringement, without proof of actual loss.
- Attorney's fees. Timely registration also makes you eligible to recover legal fees, which can be the difference between a case being worth bringing and not.
- A public record. Registration creates an official government record of your authorship and the date of your work, powerful evidence in any dispute.
- A legal presumption of validity. Register within five years of publication and your copyright is treated as presumptively valid, shifting the burden onto anyone who challenges it.
Who should register a copyright?
Registration is most valuable for work that has commercial value or is exposed to copying, photography, music, writing, film, software, and designs published online where infringement is easy and common. In the age of large-scale scraping, an official record of ownership before a dispute arises is a meaningful advantage.
When should you register?
Before an infringement begins, or within three months of first publication. The financial remedies depend on when you register: registering in that window preserves your eligibility for statutory damages and fees. Waiting until after you've been copied can permanently limit you to "actual damages," which are often hard to prove and small.
Ready to register? FastCopyrightFiling.com prepares and files your copyright registration with the U.S. Copyright Office, government fees included, and files within 2-3 business days. Start your registration or see pricing.