Do you need to register for copyright?

For those that read last weeks' post you know what I am going to say...it depends.

Just to be clear, once a creative work is fixed in such a way that it can be viewed later (think pen to paper, a click of the shutter, ...) you have copyright protection in that creative work.

However, and this is a big one, if you wish to enforce your rights in court in the US , then you need to have applied for federal copyright registration in the work.

While there is pervasive idea that there is a 'poor man's' copyright, there is no such thing.

Ideally, you do not wait until there has been unauthorized copying to seek federal registration. In fact, the earlier you apply (i.e., withing 3-months of creation of the work) you may qualify for enhanced rights. For example, you may receive statutory damages, which lower your burden in court and provide for a fixed damages amount per instance of copying.

If you are in the business of creating, please consider having a conversation with an IP attorney to discuss what the pros and cons are for applying for federal registration. Depending on the circumstances you may even be able to register several works as a group to reduce costs. Reach out for a consultation. That is what we are here for.