The answer is straightforward: copyright registration considerably increases the value of the rights. The value of copyrights can be grown in a variety of ways by registering them.
A Public Record:
Copyright registration keeps a public record of copyright ownership. In copyright issues, ownership is frequently a point of contention. Even if an alleged infringer does not claim to be the author, the copyright owner must establish that it is the legitimate owner of the copyrights in order to win a copyright infringement action.
When a would-be infringer is knowledgeable enough to verify copyright registrations and considers utilizing the work without authorization, the record may be a useful protective tool. In the event that ownership is contested in the future, a public document proving a claim to copyrights will go a long way toward demonstrating ownership.
Assumption of Ownership
In actuality, courts have held that registration before, or within five years of, the work’s publication offers prima facie proof of the copyrights’ validity and the information stated in the registration certificate, including the identity of the copyright owner. This means that copyright ownership is presumed, and anybody wishing to challenge ownership must show otherwise. This presumption is especially relevant when an alleged violation causes the copyright owner significant and irreparable loss. The copyright owner needs an immediate court injunction telling the suspected infringement to stop doing what they’re doing.
The Ability to Enforce Copyrights Through a Copyright Infringement Lawsuit
The opportunity to launch a lawsuit for copyright infringement is perhaps the most crucial feature of copyright registration. Until the US Copyright Office has granted a roll, a copyright owner cannot initiate a lawsuit to enforce or protect its copyrights. After an application is filed, the Copyright Office usually takes around seven months to provide registration, though it can take longer in rare cases. Although expedited review (at a much higher fee) might be sought, any additional time—especially in issues where the infringement is inflicting substantial harm—can be exceedingly costly.
Before launching a copyright infringement lawsuit, most attorneys are aware of the registration requirement. As a result, registration adds credibility when/if the copyright owner is required to serve a cease-and-desist letter on a suspected infringement. A copyright owner who can launch a lawsuit immediately away is in a far better position than one who has waited months to act on a threat. Furthermore, as shown below, registering prior to infringement might result in significant financial rewards if the copyrights are later infringed.
Statutory Damages, Attorney Fees, and Suit Costs Eligibility
A copyright owner becomes entitled to statutory damages if his or her copyrights are registered prior to infringement (or within three months of the work’s release). This might be incredibly beneficial to establish damages in a copyright infringement lawsuit. A statutory damages award lets a copyright owner collect a set sum for each work infringed, regardless of whether the owner can establish actual damages. Eligibility for this additional measure of damages might provide you with the power you need to settle a lawsuit early before you spend a lot of money on it.
A copyright owner who registers during this period is also eligible for an award of attorney fees and expenses of the action.
Protection against Illegal actions
Owners of registered copyrights are eligible to participate in a US Customs and Border Protection (“CBP”) programme. CBP seizes and detains imported products that infringe on intellectual property rights in the US. To take part in this programme, you must first register.
An application (including all the particulars and the statement of the particulars) in the format of FORM IV has to have to be sent to the registrar along with the requisite fees (mentioned in Schedule 2 of the act.). A separate application has to be made for separate works