Copyright protection arises automatically the moment an original work is created and fixed in a tangible medium of expression. This automatic protection, often referred to as common law copyright, exists as soon as the work can be perceived, reproduced, or communicated, either directly or with the aid of a machine or device.
Although registration with the U.S. Copyright Office is not required to own or commercially exploit a copyrighted work, registration provides significant advantages. A federal copyright registration creates a public record of ownership, enables a copyright owner to bring an infringement action in federal court, and may make the work eligible for statutory damages and attorney’s fees. Additionally, a registration made within five years of publication constitutes prima facie evidence of the validity of the copyright in a court of law.
While creators may use and profit from their original works without registration, obtaining a federal copyright registration substantially strengthens the owner’s ability to enforce those rights and deter unauthorized use. Registration provides valuable legal remedies that can help protect the author’s original expression and preserve the commercial value of the work.