![]() When applicable, statutory damages for infringing uses of a work usually entitle you to a pre-determined amount of damages.Ĥ. The statutory damages provision may be of help because copyright owners – particularly individual creators – often find it difficult to calculate and prove exactly the extent to which an infringement has harmed them. To be eligible for an award of statutory damages and attorneys’ fees in a copyright infringement case, the copyrighted work must be registered before infringement commences, or, if the work is published, within 3 months of publication.Statutory Damages and Attorneys’ Fees: It enables you to claim statutory damages and attorney’s fees. While this may not seem like much of a distinction, you are in a stronger position in court if the presumption of copyright ownership is on your side.ģ. However, instead of having to prove that you are the actual copyright owner or that your work is protected by copyright, the other party will have to prove that you are not or that your work is not. This does not mean that your claim of copyright ownership is guaranteed. Your registration will satisfy a basic level of proof for the court of the validity of your copyright. ![]() Filing your registration before or within 5 years of publishing your work will help you in the event that you need to bring a copyright infringement lawsuit in court.This could be important if a copyright infringement case is brought involving the work. Evidence of Validity: It is evidence that your copyright is valid. You must file an application for registration before you can sue someone for infringing your copyright, even if the infringement has already occurred.Ģ.These benefits include:ġ.Bringing an Infringement Action: It enables you to file a lawsuit to enforce copyright in federal court. However, there are numerous benefits to registration and therefore it is highly recommended, if feasible. To get help, call a lawyer now.Why Register When Protection Is Automaticįull Question: Why should I register my work if copyright protection is automatic?Īnswer: Since copyright protection is automatic from the moment a work is created, registration is not required in order to protect your work. For more information, refer to the Canadian Intellectual Property Office. The United States is one of those countries which has requirements for registration and marking that Canada does not. If you want copyright protection in countries which require copyright registration, it is advisable that you use the copyright symbol. Other countries have different requirements. You can use the copyright symbol even if you have not registered your copyright. For example, the copyright symbol, followed by Jane Doe, comma, 1999, indicates that Jane Doe is the author of the work that was first published in 1999. The copyright symbol consists of a letter “c” in a circle, followed by the name of the owner of the copyright and the year the work was first published. However, if you are going to distribute your work to the public, you should use the copyright symbol to let others know that the work is protected. The Copyright Act does not require that any symbols be used to indicate that works are subject to copyright.
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