Registration of your website with the United States Copyright Office is required by law before a copyright infringement lawsuit
can be filed.
If someone steals your website’s content, you may want to sue that infringer immediately. But, if
you have not already registered your website's copyright, it may take six months or longer before the U.S. Copyright Office issues a Certificate
of Registration.
You certainly do not want to leave yourself in a vulnerable position such as not being able to sue a
copyright infringer because
you have not yet formally registered your website's copyright.
Statutory damages up to $150,000 per infringement are only available if copyright is registered.
In copyright infringement cases it is often difficult (and very expensive) to prove actual damages. Or in many cases,
actual damages may be very low. For these reasons many copyright owners strongly prefer to seek statutory damages.
Statutory damages are set by the United States Copyright Act. Statutory damages entitle a copyright
owner to a damage award of $750 to $30,000 per infringement, as determined by the court. Moreover, in cases where the copyright
owner can prove willful infringement, a court may award statutory damages up to $150,000 per infringement.
Copyright owners love statutory damages because they are available even if actual damages cannot be
proved, or even if there are no actual damages at all.
The catch is that in order to have the option of statutory damages available, website owners must
register their copyright before the infringement occurs (or within three months after publication).
Attorneys’ fees only available if copyright is registered.
Attorneys’ fees add up fast, especially during litigation. Copyright owners can only recover attorneys’ fees for a copyright
infringement lawsuit when the copyright owner has registered their copyright before the infringement occurs (or within three
months after publication).
So register your copyright, and stick the copyright infringer with your attorneys' fees.
Evidence of ownership.
The first element a plaintiff must prove in a copyright infringement case is ownership of the copyright. Registration of your
website with the United States Copyright Office provides prima facia evidence that you are the lawful owner of the content.
Negotiating Leverage.
Your cease and desist letter has considerably stronger bite if you can back it up with the possibility of recovering up to $150,000
in statutory damages plus attorneys’ fees.
When an online copyright infringer is faced with these very real, and very substantial, monetary threats he is usually quick to
cease the infringing activity, and is often much more receptive to settlement.