Registration & Berne (was: French copyright)

On Tue, 6 May 1997, Mike Holderness <mch[_at_]cix.compulink.co.uk> wrote:
>
> Pat McNees <103250.2371[_at_]compuserve.COM>, for ASJA (American Society
> of Journalists & Authors) wrote:
>
> > Why Register?
> > Under the law, if your copyright is infringed, you can't sue unless
> > the work has been registered with the U.S. Copyright Office. You can,
>
> Mea culpa and thanks for the correction. Entirely off-topic -- it
> seems to me that this is *another* area where US law is opposed to
> the spirit of Berne...

Upon reflection, I don't really think so.

First, the requirement to register prior to suit only applies to domestic works. Works protected via Berne are not subject to this requirement.

Second, as to the remedial benefits of registration, if you don't timely register, you're only entitled to actual damages. But that's the traditional standard remedy to which one is ordinarily limited in a civil action. The timely registration allows only for additional or alternative "bonus" remedies: attorney's fees and statutory damages. I don't think it violates the spirit of Berne to encourage (but not to require) formalities in this way.

--
Terry Carroll       | "The invention provides means for continuously
Santa Clara, CA     | trapping sparrows and supplying a cat and 
carroll[_at_]tjc.com     | neighborhood cats with a supply of sparrows."
Modell delenda est  |                - U.S. Patent no. 4,150,505