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Thread: Register your copyright or you cannot sue for infringement in the US

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  1. #1
    Guild Expert ladiestorm's Avatar
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    when you say register copyright... does that mean having to register each and every piece you copyright? Or do they mean registering your copyright as: for example my copyright is ©SDMcDaniel, and any item/project with my copyright on it is considered registered under my copyright?

    Never mind, I saw it for myself. Each work, or collection of works has to be registered. And if there is someone that can't afford to register their copyrights, then they are screwed. I've never understood why we should have to pay money to legally claim our property as ours.
    Last edited by ladiestorm; 05-11-2019 at 07:49 AM.
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  2. #2
    Guild Expert Guild Supporter aeshnidae's Avatar
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    Quote Originally Posted by Naima View Post
    Does this apply for commercial brands?
    Yes, for all copyright. But this is only if you need to sue in court (in the US) for infringement, either to get an injunction (to make someone stop using your work) or to get damages (money to make you whole after someone infringes on your work). You do not need to register your copyright in order to send cease and desist letters or request that a website remove content that infringes on your copyright.

    Quote Originally Posted by Redrobes View Post
    When infringement occurs that you wish to sue for, you register it and once that has been confirmed you bring the lawsuit then ?
    Yes. You can sue for infringement that took place prior to registering your copyright.

    Quote Originally Posted by ladiestorm View Post
    when you say register copyright... does that mean having to register each and every piece you copyright? Or do they mean registering your copyright as: for example my copyright is ©SDMcDaniel, and any item/project with my copyright on it is considered registered under my copyright?

    Never mind, I saw it for myself. Each work, or collection of works has to be registered. And if there is someone that can't afford to register their copyrights, then they are screwed. I've never understood why we should have to pay money to legally claim our property as ours.
    You still own the copyright automatically, even if you don't register it, so you can still send cease and desist letters, license your copyright, etc. But yes, each work has to be registered in order to sue in court. There's a legal rationale for this (it's an administrative law doctrine called "exhaustion of administrative remedies") but the fact that there's a reason doesn't make it any less irritating that in order to go after people who are stealing our work, we have to register the work.


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    Guild Artisan Facebook Connected Robulous's Avatar
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    Quote Originally Posted by ladiestorm View Post
    Never mind, I saw it for myself. Each work, or collection of works has to be registered. And if there is someone that can't afford to register their copyrights, then they are screwed. I've never understood why we should have to pay money to legally claim our property as ours.
    Yes it's something of any irony, given how the current US regime drones on about how China doesn't respect copyright!

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