An enormous amount of any software company’s value is tied up in its intellectual property. One way to protect your software – the key asset of your company – is to seek copyright protection through the U.S. Copyright Office in Washington, D.C.
A copyright is automatically created upon the completion of an original work of authorship that is fixed in a tangible medium of expression. While an automatic copyright protects that work, a formal registration of copyrighted materials within three months of release to the general public provides extra benefits that can prove extremely valuable to the owner.
These benefits serve to not only protect the copyrighted work, but also to provide additional remedies for the author in the event of infringement. Registering a copyright is as simple as submitting an application to the United States Copyright Office with a minimal filing fee and a copy of the copyrighted material. Then, once the work is registered, the benefits begin immediately.
Copyright Benefits
(1) The work becomes a matter of public record. This first benefit of a copyright is intangible—making it easy to find and verify as an existing, copyrighted work. This serves to protect the work while also making it easier for the creator to profit from it. If someone wants to use the copyrighted material, they can easily track down, notify, and pay the creator. Registering the copyright as a public record helps the holder to avoid costly litigation, since potential licensors may find the owner. Even though this benefit occurs before an infringement, registration within three months of creation also provides benefits that apply after an infringement occurs.
(2) The author demonstrates ownership, providing groundwork for a legal claim. If an author believes that a copyrighted work has been infringed, and the work was registered, then the author has already completed the first steps toward bringing a lawsuit for infringement. A copyright infringement lawsuit requires the copyright to be registered. Proving ownership can often be difficult and a valid registration is essential to claim copyright infringement.
(3) In the case of a legal claim, the author’s position is much stronger. By applying for registration prior to the infringement or within three months of publication, the author:
- effectively defeats the defendant’s defense of being an “innocent infringer,” or the “I didn’t know I was infringing” defense.
- is eligible for statutory damages that can range from $750-$30,000 for each infringement, and even more in cases of willful infringement
- may also be entitled to attorney’s fees.
Registration of your software can help your company avoid costly litigation, can make it easier for potential users of the work to find and pay you to use it, and is essential for infringement claims. Copyright vests immediately upon creation of a work, but registration of copyright gives authors meaningful protection under the law.
Registering a copyright is simple and only requires three essential elements: (1) a completed application form, (2) a filing fee, and (3) a copy of the work being registered. We encourage all content creators, including software developers, authors, producers, businesses, musicians, filmmakers, artists, photographers, and freelancers to register all of their copyrighted materials to take advantage of the benefits that registration provides.