Registration as a Threshold Issue for Determining Available Remedies

• Author: Eric M. Stahl - Henry J. Tashman
• Pages: 5-10

One question affecting the scope of available remedies must be asked

at the outset of any copyright case: When was the copyright in the

work registered with the Copyright Ofce?

A copyright owner who believes a work was infringed must register

the work before instituting a copyright infringement action: with lim-

ited exceptions (discussed in section II), registration is required before

bringing suit.1 But if the owner waits to register the work until after

the infringement has occurred, the available remedies may be limited.

Specically, absent a timely registration, the copyright owner will not

be able to recover attorneys’ fees or statutory damages in any ensu-

ing litigation (though actual damages, injunctions, and impoundment

remain available).

1. 17 U.S.C. § 411(a).

5

CHAPTER 2

Registration as a Threshold

Issue for Determining

Available Remedies

Stahl_CRRemedies_20130130_08-47_Final Pass.indd 5 2/7/14 11:05 AM