Re: Registration & Remedies

Henrietta Bensussen <henrietta.bensussen[_at_]forsythe.stanford.edu> wrote:
>
> Registration: in response to Terry Carroll's take on the effective
> date of a copyright registration--what happens if the Copyright
> Office shows receipt of the application, deposit, and fee, and
> subsequently loses the application or never processes it, despite
> our attempts to get this to happen? Is copyright deemed to have
> prevailed?

Only from the point of remedies. It may still turn out that you don't have a copyright, for example through lack of sufficient original expression. But if you do, and you prevail, then you have available all of the remedies just as if your registration had been accepted.

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The preceding was not a legal opinion, and is not my employer's.
Original portions Copyright 1997 Bruce E. Hayden,all rights reserved
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Bruce E. Hayden                      bhayden[_at_]acm.org               
Austin, Texas                        bhayden[_at_]copatlaw.com