Copyright registration#Requirement of registration

It is a common misconception to confuse copyright registration with the granting of copyright. Copyright in most countries today is automatic on "fixation" – it applies as soon as the work is fixed in some tangible medium. This standard is established internationally by the Berne Convention (1886), which most countries have signed onto since. Registration may be required by countries before joining Berne. For instance, the US required registration of copyrighted works before it signed onto the Berne Convention in 1989; at that point, registration was no longer required for works to be copyrighted in the US.

The observation that registration is not required in the United States, however, has been described as misleading.{{cite book|last1=Thomas|first1=Roger E.|author1-link=John R. Thomas (professor)|last2=Schechter|first2=John R.|title=Intellectual Property: The Law of Copyrights, Patents, and Trademarks|date=2003|publisher=Thomson/West|location=St. Paul, MN|isbn=0-314-06599-7}}{{rp|86–87}} This is partly because registration remains a prerequisite to filing an infringement suit,{{rp|87}} and also because important remedies depend on prompt registration—such as attorneys fees and statutory damages.{{rp|90}} At least one commentator has questioned whether the conditioning of legal recourse on registration is inconsistent with the United States' obligations under the Berne Convention regarding "formalities".{{rp|90 n.11}}

Some scholars and policy advocates (such as law professor and activist Lawrence Lessig and U.S. Representative Zoe Lofgren) have called for returning to a system of registration requirements and possibly other formalities such as copyright notice. The system of automatic copyright on fixation has been cited as one of the factors behind the growth of so-called "orphan works" in, for instance, the U.S. Copyright Office's 2006 report on orphan works.United States Copyright Office, [http://www.copyright.gov/docs/regstat030806.html Copyright Office's Report on Orphan Works] (2006). UC Berkeley's Law School held a conference in 2013 on the question of "Reform(aliz)ing Copyright for the Internet Age?", noting that

"Formalities, which in the past three decades have largely disappeared from American copyright law, may be about to stage a comeback. ... [R]ecent research on formalities suggests that we can get many of the benefits that formalities promise for a more efficient and focused copyright law, without the problems that led us to do away with them in the first place."[http://www.law.berkeley.edu/formalities.htm "Reform(aliz)ing Copyright for the Internet Age?"] {{webarchive|url=https://web.archive.org/web/20130502015326/http://www.law.berkeley.edu/formalities.htm |date=2013-05-02 }}, Berkeley School of Law, April 18–19, 2013, Claremont Hotel, Berkeley CA.

• In Canada, copyrighted works can be registered at the Canadian Intellectual Property Office for a fee.{{cite web|title=A Guide to Copyright|url=http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr02281.html|access-date=21 December 2013}}
• In Kenya, copyrighted works can be registered at the Kenya Copyrights Board for a small fee.{{cite web|title=A Guide to Copyright in Kenya|url=https://www.copyright.go.ke/8-program/2-copyright-registration.html|access-date=19 May 2019}}
• In the United Kingdom, there is no official registration regime for copyrights, however the Writers' Guild of Great Britain recommends The Script Vault{{Cite web|url=https://thescriptvault.com/|title=The Script Vault – Protect your Script, Secure your copyright}} to members who wish to register their copyright and the Guild's website provides a link on their FAQ page. {{Cite web|url=https://writersguild.org.uk/about/faqs/|title=FAQs|website=Writers' Guild of Great Britain}} Commercial services provide a registration facility where copies of work can be lodged to establish legal evidence of a copyright claim. There are also requirements to file certain published works with the British Library and, on request, the five legal deposit libraries.{{cite web|title=Legal Deposits information from the British Library|url=https://www.bl.uk/legal-deposit/about-legal-deposit|access-date=5 June 2019}}
• In the United States, the United States Copyright Office accepts registrations. For works created in the US by US citizens, a registration is also required before an infringement suit may be filed in a US court. Furthermore, copyright holders cannot claim statutory damages or attorney's fees unless the work was registered prior to infringement, or within three months of publication.Copyright Basics (Circular 1) p.7.

All United States copyright registrations and renewals registered since 1978 have been published online at the

[https://www.loc.gov Copyright Office website]. Registrations and renewals prior to 1978Copyright and the Public Domain page 11-10; Stephen Fishman - Law Journal Press (2008); {{ISBN|978-1-58852-151-4}} were published in semi-annual softcover Copyright Catalogs. For films from 1894 to 1969, inclusive, Library of Congress published hardcover Cumulative Copyright Catalogs, each covering ten or more years.

Please see the Copyright Catalog article for links to download digital copies of these pre-1978 US catalogs.

• Copyright formalities
• Public domain
• Copyright renewal

{{Reflist|30em}}

• {{Cite web | title = Copyright Basics (Circular 1) | publisher = U.S. Copyright Office |date=July 2008 | url = http://www.copyright.gov/circs/circ01.pdf | ref=Circ01 }}

• [http://www.wipo.int/directory/en/urls.jsp World Intellectual Property Organization - Directory of Intellectual Property Offices]

registration