Current Best Practices for Copyright
By Jeffrey E. Jacobson
The Supreme Court’s recent decision in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC is a wake-up call and crucial reminder on the importance of timely copyright registrations. Which works to register is always a question. In an ideal world, we would register everything; however that can become costly. Now that collections are limited to ten items, an appropriate strategy and plan of action is needed. Generally, you should register the most important items first.
Prompt copyright registration or a refusal of registration is a prerequisite to filing a lawsuit for infringement (except for foreign copyright owners). Timely registration is also required to recover attorney’s fees and statutory damages. Registration must be made within three months of the date of the first publication of the work in order to be eligible to recover all these damages. These are powerful remedies that can provide real significant leverage in negotiating a settlement. Corporations always think in terms of “exposure” to liability. Presenting infringement of a registered copyright may motivate corporations or other potentially exposed parties to settle claims.
A timely registration is also prima facie evidence of the validity of the copyright and the facts stated in the application. The registration must be made within five years of publication for this provision to apply. Overall, in order to best protect an individual’s creative works, timely registration of the copyright is prudent and the requirement of registering the work has become more crucial than ever before.
Overall, in order to best protect an individual’s creative works, timely registration of the copyright is prudent and the requirement of registering the work has become more crucial than ever before.
This is an informative article and is not intended as legal or business advice, as an attorney or other professional specializing in the field should be consulted.
© 2019 The Jacobson Firm, P.C.