This Information card was kindly provided to CCA by Juris Amat.
Copyright owners have the exclusive right to reproduce, distribute, perform, publicly display, and create derivatives based on copyrighted works.
Copyright infringement occurs when any of the exclusive rights provided to a copyright owner is used without their authorization.
The transfer of ownership of any copy of a copyrighted work does not constitute a waiver of rights, except as otherwise agreed by the author in a written document signed by the author.
Although copyright is automatically secured when a work has been created or “fixed” into a tangible form, if the copyrighted work is registered prior to infringement certain benefits relating to enforcement apply. These benefits include, statutory damages and reimbursement of attorneys’ fees.
If a published work is infringed and within three months of publication a request for registration has not been filed the work may still be registered but the right to statutory damages and attorneys fees has been lost and the registrant must prove actual damages resulting in a heavier burden of proof for the right owner.
This information is specific to the United States and the provisions of laws and agreements governing copyrights in the several states, the District of Columbia, Puerto Rico and organized territories under the jurisdiction of the United States Government.
Although over 150 countries have ratified treaties intended to standardize procedures for registering and enforcing copyrights, there is no ‘international copyright’ that automatically protects a work anywhere in the world.
If you have any reason at all to believe that a work may be infringed or that a work is of value, then it should be formally registered with an appropriate Copyright Office.