It is widely misunderstood that one must register the copyright with the Copyright Office to ensure copyright. While gaining registration does indeed have its advantages, registration in the Copyright Office is not necessary to secure the rights. Instead, under common law, copyright is created automatically when it is fixed in a tangible form for the first time. As long as it is an original work of authorship, can claim ownership and protection, and even put a copyright notice, including “small c with a circle” symbol, the particular work. However, notification is not required anymore, one should desire to use it, it is important to follow the custom of using the © symbol followed by the year of first publication of the work followed by the copyright owner and work.

While creating and maintaining a common copyright protection is beneficial Copyright Act, a federal law, provides additional benefits and protection of the rights owner. The most commonly recognized rights are to be able to sue in federal court, the ability to recover statutory damages up to $ 150,000.00 for willful infringement, and the ability to recover attorney fees. However, in order to get these benefits, copyright must be registered with the Copyright Office of the Library of Congress. Although the time of the application for registration affect statutory damages are available, will receive registration or be denied registration to proceed with infringement lawsuit in federal court. The relatively low price, it is advisable to seek a listing of all original works of authorship at the time of, or before, the publication of the work. In addition, to create a public record of the work required, to establish a prima Fell evidence of the validity and other benefits make registration well worth the cost. With the ability to use online filing, there is no excuse for the failure to register the copyright for any kind of work, including literary works, musical works, dramatic works, pantomimes and choreographic works, pictorial graphics and sculptures, films and other audio -Visual work , sound recorders and architecture.

Ultimately, people will remember that as soon as an original work of authorship fixed in a tangible form and published, copyright exists. However, under the law, and practically speaking, having a copyright registration with the Copyright Office will provide additional benefits and advantages if needed to enforce it coming.