Copyright exists when an original work is fixed in a tangible medium, but registration remains strategically important for enforcement, remedies and damages.
For U.S. works, registration or preregistration is required before a civil infringement action is commenced. Damages can be awarded between $750 to $30,000 per infringed work, as the court considers just, with an increase up to $150,000 per work for willful infringement. Actual damages and infringer’s profits may also be available under the statute.
For businesses, copyright registration should strategically be viewed as part of an asset-management and enforcement program, particularly for software, photographs, advertising materials, websites, manuals and other commercially important works. The absence of formal registration can significantly reduce available remedies and delay enforcement.
Registration should be treated as part of an enforcement strategy, not merely an administrative formality for the IP ownership to remain dormant. If your company owns valuable content, software, photographs, advertising materials, or other creative works, we can help identify what should be registered and how to preserve meaningful enforcement and damages options.