Here’s a March 6 story from Bowker, the people that bring us ISBNs, about a new Supreme Court ruling that affects all copyright owners.
by Judy Andrea
Bowker | Wed Mar 6, 2019
The U.S. Supreme Court ruled that in order for a copyright owner to enforce protection for their work and sue for infringement… the infringed work must have been registered with the U.S. Copyright Office (i.e., Issuance of a Certificate) and that a mere application for registration will not suffice.
The ruling makes it even more imperative that copyright owners register their works promptly if they wish to enforce their rights — on top of the already considerable financial incentives that a U.S. copyright provides for registered works, including recovery of attorney fees and up to $150,000 in statutory damages for early registrations. Since it may take up to 9+ months to receive a certificate of registration, an author or creator of books, photos, illustrations, audio or video should immediately start the registration process — even before it is published.
While expedited registration remains available to copyright claimants for a fee, the Court’s new ruling is most likely to impact copyright holders for whom a delay of even a few weeks in bringing suit could prove irreparable — particularly those seeking temporary restraining orders or other preliminary injunctive relief.