Re: Re: Music Publishing

You are correct in part. I meant that registration gives rise to the protections of copyright law (which is federal). Registration is a prerequisite to a copyright infringement action. Timely registration entitles a copyright holder to attorney fees and statutory damages; registration other than timely entitles the copyright holder to only actual damages. Registration is required in any event (aside from an action under 106A relating to visual art - which is why this section is probably very important to you). Thus, you cannot bring an infringement action without having registered the work.

In short, yes, copyright protection subsists from the moment a work is fixed in a tangible form. That protection is not worth much, however, unless the work is registered.

Brock

On 8/29/03 8:30 AM, "Robert Panzer" <rpanzer[_at_]vagarights.com> wrote:

> Not to split hairs but, "Once they register it with the US Copyright Office,
> it gains federal protection." is not quite correct under the current
> copyright statute. Federal protection occurs once the creation is fixed in
> a particular medium. Copyright law is Federal law. Registration is required
> to commence an infringement suit. Furthermore, registering prior to an
> infringement affords the rights holder the possibility of suing for
> attorneys' fees and statutory damages rather than just actual damages.
>
> Sincerely,
>
>
> Robert Panzer
>
> VAGA (Visual Artists and Galleries Association)
> 350 Fifth Avenue
> Suite 2820
> New York, NY 10118
> tel: 212 736 6666
> fax: 212 736 6767
> rpanzer[_at_]vagarights.com
Received on Fri Aug 29 2003 - 23:25:43 GMT