Copyright protection does not require registration, but the national laws of individual states may provide for such a rule. This procedure can be done at the Library of Congress, and a certificate of registration will be issued even to a foreign author. In this article, we will look at the benefits of a registration certificate and how copyright protection works in the United States.
How does registration take place
The United States is on the list of countries party to the Berne Convention, which provides rules for international copyright protection. The domestic legislation of the country provides the following rules:
the protection regime arises directly from the moment of creation of the result of creative activity - objects of science, art, literature, dramaturgical works, photography, etc.;
to prove the rights to works it is not necessary to be registered, although the existence of a certificate will greatly simplify the process of proving the proper authorship in disputes;
The United States recognizes equal rights for domestic and foreign authors.
The list of copyright objects in the USA does not significantly differ from the international standards. In particular, software products for computers are considered literary works, but in the U.S. they can be recognized as an invention. After passing the procedure of fixing the rights a patent will be issued, and transactions for the disposal will be registered on a mandatory basis.
Registration of copyrights through the U.S. Library of Congress follows the following rules:
An application is submitted in writing, or through the electronic service of the U.S. Library of Congress;
A copy of the work must be submitted to the Library for registration;
You must pay a fee for the procedure - the minimum payment will be $35 or more. THE MINIMUM FEE IS $35.
The time for registration can be considerably shortened by paying a higher fee. For example, a registration certificate issued within 2 weeks would cost $60 or more (depending on the author's status). The fee will be $60 (depending on the author's status). Upon registration, the author will receive a certificate and the work will be assigned a registry number.
Advantages of registering
If the author fails to register his rights, he loses a number of protections against infringement by others. A registration certificate has the following advantages:
documentation of the completed registration can be produced in court and other instances as evidence, including outside the United States;
The existence of registered rights greatly simplifies the recovery of costs from the perpetrators associated with the detection of the violation and the conduct of the trial;
Without the author's certificate, the courts may be reluctant to accept other forms of proof of rights when plagiarism or other infringement is discovered.
It is up to the author to determine how and by what means to use his work. He can make it public by any available means, or leave it unpublished. The rights can be transferred to others under contracts of assignment or licensing agreements, or given a regime of free use, copying and distribution.
If an infringement is detected, actual damages, lost profits and punitive damages can be recovered through the courts. The amount of the claim may be determined on the basis of the value of the counterfeit products, or on the basis of the evaluation of exclusive rights. If there is a registration certificate, it is possible to apply for a ban on the export of the original copy of the work from the country - such a restriction is recorded in a special register and applied by the customs services.
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