On 5/2/2000, Edward Barrow <edward[_at_]plato32.demon.co.uk> wrote:
>
> On Tue, Apr 25, 2000, Calle Ostergaard <info[_at_]troll-company.dk> wrote:
> >
> > Just for the record and because this list is followed by people
> > in many countries IT IS NOT NECESSARY TO REGISTER COPYRIGHT IN
> > FOREIGN WORKS BEFORE YOU START TO SUE FOR COPYRIGHT INFRINGEMENT
> > IN USA.
>
> No; but you will still not get statutory damages or attorney's fees.
> Since the latter are likely to be substantial it is not worth suing
> unless the actual damages you may be able to recover are even more
> substantial. To get effective copyright protection in the US --
> against small as well as large-scale infringements, foreign
> rightsholders still have to register.
The key word is "start". I believe you must include a registration form, at least, showing that the filing process has been commenced, if you are filing in federal court under the Copyright Laws of the US. I am certain all lawyers on this listserve, and many others, know this jurisdictional requirement!
The recovery of statutory damages is potentially quite large, so registration is often advisable, given that the number of infringements today can be astronomical with the Internet, etc. We feel that more and more clients are chosing to undertake copyright registrations.
Incidentally, I believe that the law still requires the registrations for any work, but that there is no penalty for not registering. I have always been troubled by this provision in counselling clients. Have others have this same difficulty? Do you read the requirement into the law, or am I missing something?
R. Clifford Potter
Quarles & Brady
Law Offices
<rcp[_at_]quarles.com>
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