Should I register my work for copyright protection?

UPDATED: Jul 17, 2023Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 17, 2023

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UPDATED: Jul 17, 2023Fact Checked

You should register your work for copyright protection within ninety days of publication. Although it is not mandatory, copyright registration does two important things with regard to copyright protection:

(1) It provides a record of you having created the material and its format as of the date of registration. Being able to prove you created the work first is often the most important part of a copyright lawsuit.

(2) It gives you additional rights like the ability to get damages as set forth in the law and attorneys fees.

While copyright law does give everyone an assumed copyright to their work the moment it is published, this assumed copyright lacks certain requirements if someone tries to misappropriate your work. For instance, if you place an article in a free magazine that was not copyrighted and someone from the city’s newspaper picks up the article and claims it as their own, obtaining a formal copyright to the article, you will have a substantially more difficult burden of proving that your publication came first.

Copyright registration is as simple as filling out a form that you can print online. Once you’ve filled out and submitted the online form you will need to pay the online fee for filing and submit a copy of your work. A copy of all copyrighted works is kept by the copyright office for the purposes of both historical preservation and referencing in case of misappropriation. Once you have registered your copyrighted work, it is officially copyright protected and considered exclusively yours until 70 years after your death. At that point, it becomes public domain and anyone can use it. However, you and your immediate family will have long enjoyed the benefits of the copyright protection by then.

Case Studies: The Importance of Copyright Registration

Case Study 1: The Plagiarized Article

A writer named Sarah publishes an article in a free magazine without copyright registration. Later, John, a reporter from the city’s newspaper, plagiarizes Sarah’s article and claims it as his own. When Sarah discovers this, she faces the challenge of proving that her article was published first. Without copyright registration, Sarah has a significantly more difficult burden of protecting her rights and establishing her ownership.

Case Study 2: The Benefits of Copyright Registration

An artist named Emma creates a unique painting and decides to register it for copyright protection within ninety days of its publication. By doing so, Emma obtains two crucial advantages. Firstly, she establishes a record of her creation and its format as of the registration date, providing evidence of her authorship in potential copyright disputes. Secondly, copyright registration grants her additional rights, such as the ability to claim damages and attorney’s fees as set forth in the law.

Case Study 3: Safeguarding Intellectual Property

A software developer named Alex develops a groundbreaking computer program and promptly registers it for copyright protection. By filing the necessary form, paying the required fee, and submitting a copy of the program, Alex ensures that a record of their creation is kept by the copyright office. This record serves as historical preservation and can be referenced in case of misappropriation or infringement.

Case Study 4: Long-Term Copyright Protection

A renowned author named Mark registers the copyright for his latest novel. Once the copyright registration is complete, Mark’s work is officially copyright protected and considered exclusively his until 70 years after his death. This long-term protection allows Mark and his immediate family to enjoy the benefits of copyright ownership, including the ability to control the distribution, reproduction, and adaptation of his work.​

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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