Even though a copyright can exist even if it is not registered, there are important reasons to register a copyright. Here is a partial list:
- In the United States, the owner of a copyright cannot file a lawsuit in court to enforce it without registering it. Registration is a prerequisite to filing an infringement action in court.
- Registering a copyright before infringement begins, or within three months after first publication, makes it possible to recover statutory damages and attorney fees for infringement. The owner of an unregistered copyright will need to prove actual damages, which may be difficult.
- A registration certificate is prima facie evidence of validity. It serves as legal proof of valid ownership and of the facts stated in the certificate.
- Registration creates a public record of ownership, which gives constructive notice to third parties of the existence of the copyright. This can deter potential infringers and may help defeat a claim of “innocent infringement.”
- Registered works can be recorded with U.S. Customs to stop the importation of infringing copies.
- Registration facilitates the enforcement of rights in other countries.