Copyright registration
From Wikipedia, the free encyclopedia
The purpose of copyright registration is to place on record a verifiable account of the date and content of the work in question, so that in the event of a legal claim, or case of infringement or plagiarism, the copyright owner can produce a copy of the work from an independently verifiable source, (i.e. they do not rely on their own word and evidence).
Historically, in the United States, and a few other countries, it was a legal requirement to register, otherwise the copyright owner could not pursue any legal claim. This has now been largely superseded by international conventions, (principally the Berne Convention), which are designed to harmonise rights at an international level and preclude the need for national registration.
[edit] Is registration required?
It is a common misconception to confuse copyright registration with the granting of copyright.
Copyright is itself an automatic international right, governed by international conventions - principally the Berne Convention (which dates from 1886). This means that copyright exists whether a work is registered or not. When the US finally signed up to the Convention in 1989, the internal registration system was retained, but foreign works must now be treated as though already registered in the US in accordance with the Berne Convention.
The actual issue is whether the author has evidence to prove their claim to copyright, (or if the author is a US Citizen, whether a suit can be filed in court), and this is why registration is used.
[edit] Where can work be registered?
- In the United States, the United States Copyright Office accepts registrations. For works created in the US by US citizens, a registration is also required before an infringement suit may be filed in a US court. Furthermore, copyright holders cannot claim statutory damages or attorney's fees unless the work was registered prior to infringement, or within three months of publication.
- In the United Kingdom and elsewhere, commercial services provide a registration facility where copies of work can be lodged to establish legal evidence of a copyright claim. In the UK, there are also requirements to file certain published works with the British Library and, on request, the five legal deposit libraries.
[edit] External links
- UK Copyright Service Commercial service providing registration of copyright works in the UK.
