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The increased value of information in today's business environment makes a company's intellectual property more important than ever. In particular, copyright issues affect numerous aspects of a company's business and drive large segments of our national and global economies. At LS&L, our attorneys understand not only our clients' intellectual property needs, but, more importantly, the clients' business needs and the complicated ways in which these interests interact and can be best leveraged and protected. The firm counsels clients on various aspects of domestic and international copyright law, from fair use and infringement analyses to advice on statutory licensing schemes. Not only do we assist clients with contractual and copyright issues, such as those relating to copyright registration and licensing, but we also advise clients on matters as diverse as Internet streaming, recordation of copyright with the U.S. Bureau of Customs and Border Protection, and international copyright piracy.

The Advantages of U.S. Copyright Registration

Although copyright registration is not required for a work to be protected in the United States, copyright law provide numerous advantages in order to encourage copyright owners to seek registration:

  • Registration establishes a public record of the copyright claim
  • If made before or within 5 years of publication, registration establishes prima facie evidence in court of the validity of the copyright and the facts stated in the registration certificate
  • For all United States works, registration is required before an infringement suit may be filed in court
  • Registration before a copyrighted work is infringed (or within 3 months after publication of the work) allows copyright owners to potentially recover statutory damages and attorney's fees in court actions. In the case of intentional infringement, such damages may extend up to $150,000 for each instance of infringement

International Copyright Registration

Although there is no such thing as an "international copyright registration" that will provide worldwide protection for a work, the United States is a party to numerous bilateral treaties and international conventions which provide protection for U.S. copyrights abroad and foreign copyrights in the United States.