Exactly,
No claim can be enforced until registration is obtained. The first part
sounds so good. But, unfortunately, if the copyright holder wants to issue a
stop use order against a copyright infringer, the demand will have no legal
merit until a valid registration is secured. I say this because the
copyright holder cannot file a law suit until a valid registration is
obtained. Also the circled C logo cannot be used, unless you have a
registered copyright. The word copyright has to be used instead. Again,
since most people do NOT register their copyrighted work, to be safe, mail
the documents to yourself via certified mail. Do not open it and store the
documents in a "safe" place. Then you will have valid evidence that you
created your work on a certain date, in case the need ever arises to protect
your copyright.
-----Original Message-----
From: Kenneth Allan [mailto:kenneth (at mark) domain-nameit.net]
Sent: Friday, February 13, 2009 5:45 PM
To: coba-e (at mark) bluequartz.org
Subject: {Spam?} [coba-e:15057] Re: NuOnce Software
FYI
How can I secure a copyright?
This is a frequently misunderstood topic because many people believe that
you must
register your work before you can claim copyright. However, no publication,
registration
or other action in the Copyright Office is required to secure copyright.
Copyright is
secured automatically when the work is created, and a work is "created" when
it is fixed
in a "copy or a phonorecord for the first time." For example, a song can be
fixed in
sheet music or on a CD, or both. Although registration with the Copyright
Office is not
required to secure protection, it is highly recommended for the following
reasons:
* Registration establishes a public record of the copyright claim.
* Registration is necessary before an infringement suit may be filed in
court (for
works of U. S. origin).
* If made before or within 5 years of publication, registration
establishes prima
facie evidence in court of the validity of the copyright and of the facts
stated in the
certificate.
* If registration is made within 3 months after publication of the work
or prior to
an infringement of the work, statutory damages and attorney's fees will be
available to
the copyright owner in court actions. Otherwise, only an award of actual
damages and
profits is available to the copyright owner.
* Registration allows the owner of the copyright to record the
registration with the
U. S. Customs Service for protection against the importation of infringing
copies.
http://www.uspto.gov/web/offices/dcom/olia/copyright/copyrightrefresher.htm