Although copyright protection automatically attaches when you create you work/art in a fixed medium (when you press the shutter on your camera, when you type a document and save it on your computer) there are additional benefits and protections when you actually file your copyright with the U.S. Copyright Office.
When you file your copyright here are some of the protections you are now afforded:
- Infringement Lawsuit: Because you have a registered copyright for your work, you can now file a lawsuit in federal court to combat infringement.
- Legally Show You Own Copyright: Having a registered copyright shows that legally you own the copyright and no one else can make claims to it. Essentially it puts everyone else on notice that you own the copyright and not to infringe on it.
- Recover Fees. In some cases, having a registered copyright will allow you to recover expenses and attorney’s fees accrued in the process of suing your infringer. This is important and helpful because it could ultimately mean that your infringer has to pay the costs associated with their infringement on your copyright.
- U.S Customs and Border Protection. I know we have all seen the fake designer purses they sell on the streets of NYC and guess what, those are most likely infringing on a businesses copyright and trademark. However, once you have a registered copyright, you can make the U.S. Customs and Border Protection aware of your registered copyright. They then can help you in finding cases of copyright infringement and not letting those into the country. For example, if you have a purse design copyrighted, and all of sudden knockoffs of your purse are being made in China and shipped here for illegal sale, the U.S. Customs and Border Protection can help you by refusing to let these infringing goods enter the US for sale.
If you have more questions regarding copyright, or want help filing yours, feel free to schedule a free call with me!
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