The Importance of Early Registration

I can't tell you how many times I see clients who forget to register their copyrights, or do not register their copyrights soon enough.  So, how soon must a work be registered? The quick answer is within three months of publication.  

The primary advantage to registering within three months of publication is eligibility for the statutory damages provisions under the Copyright Act.  For example, if someone willfully infringes on your registered (within three months of publication) copyright, you can receive up to $150,000 per violation! Even if someone unintentionally infringes, the statutory damages range from $750 to $30,000 per violation.  You also get attorney's fees under the statutory damages provision of the Copyright Act. See 17 U.S.C. Section 412. 

On the other hand, if you fail to register on time, you are not eligible for attorney's fees and must be able to prove the amount of your actual damages. 

The moral of the story: Register your copyrights as soon as possible!