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Copyright registration and filing

2 min read

Copyright registration and filing

10/11/2026

Who must register and be protected by Copyright?

Copyright law applies to the creation of any mind in the literary, artistic works, designs, and creative concepts. Legally speaking, everyone who creates anything has a copyright, but if that copyright is ever challenged, proof of copyright is necessary, which means registering and depositing the work.

How soon after I deposit my creation does it enjoy Copyright protection?

The protection for a copyright deposit, is instantaneous. Indeed, under the law, copyright protection for the original work or design is afforded at creation. Thus, at the moment your creation, design, music, or project have been written and published, whether on the web or elsewhere, is subject to copyright protection. A copyright deposit establishes a date certain for the creation of the property, which establishes priority of copyright and is uncontestable proof of copyright. The deposit is your official witness of your right to your creation or design.

How long does Copyright protection last?

When you file for copyright protection, that protection is valid for life + 70 years beyond the death of the author. Copyright deposits are archived with officers who are obliged by decree of State to retain all documents deposited with them in an integrated way, uncontestable (unalterable content of material submitted) and retrievable at any time by the holder of intellectual property rights relating to the copyright of the applicant.

Quiz

Test your knowledge

Three quick questions about copyright. The explanation shows as soon as you answer.

  1. Before suing someone for copying a U.S. work, what must you do?

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    Correct answer: Register the work with the U.S. Copyright Office For works first published in the United States, registration (or a refused application) is required before filing an infringement lawsuit (17 U.S.C. § 411). Copyright exists without it, but you cannot go to court until you register.

  2. Is the © notice required for a work to be protected?

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    Correct answer: No, but it prevents an infringer from claiming innocent infringement The notice has been optional since March 1, 1989. When a proper notice appears on published copies, an infringer cannot use the "innocent infringer" defense to reduce damages (17 U.S.C. § 401(d)).

  3. To claim statutory damages and attorney's fees, when should a published work be registered?

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    Correct answer: Before the infringement starts, or within three months of first publication Under 17 U.S.C. § 412, statutory damages (up to $150,000 per work for willful infringement) and attorney's fees are only available if the work was registered before the infringement began or within three months of publication. Registering early matters.

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