While it’s true that the rights to much of your intellectual work are recognized upon creation, registering your copyrights establishes a more reliable route to IP protection. Depending on the importance of the work you’ve done, it can be worth it to formally register your copyrights.
Imagine for a moment what can happen if you don’t have the sound legal rights that a copyright offers.
In the past, I’ve worked with many people who skipped registering their copyrights and only came to me after the fact. One of these clients had written a song that was used by a company without the writer’s permission. Unfortunately, when he came to me to try to remedy the situation, I had to tell him that without a registration, he couldn’t seek action in federal court.
Makes IP Protection Easier
On the other hand, if you don’t register your copyright, you’re putting yourself at risk for legal action. Sometimes people have the same or similar ideas, which can make identifying who actually created something a difficult task. Registering your copyright gives you a legal upper hand. If someone tries to sue you for infringement, the date of your registration will protect you if you were the first to register. Without a registration, someone else could successfully sue you for your work, even if you were the first to come up with the idea.
Gives Temporary Injunction Rights
IP protection with a copyright allows you to temporarily stop another’s work that infringes on your creation. With a registration, you can legally stop their work from moving forward until they cease or until the courts make a decision.
Allows for the Threat of Legal Action
Much of the time, copyright violations are settled before legal action takes place. Having a copyright that is registered gives you the option to warn the other party that you will seek legal action if they don’t stop. Being able to send a “cease and desist” letter can keep you out of court and protect your work.
Hands over the Right to Sue
As the above story demonstrates, registering your copyright is the most effective way to protect your intellectual property. Without filing a copyright registration, IP protection is not an easy task because you cannot sue in federal court. The solution that I offered my client was to register his copyright and then seek legal action. However, it ended up costing him a lot more to expedite the process than if he had registered his copyright in the first place.
Taking preventive measures to protect your intellectual property is almost always a better route to take than working from a place of reaction. While registering a copyright does not stop others from stealing your work in the first place, it does give you the peace of mind to know that you can remedy the situation.
Is your intellectual property really protected? If you want to learn how you can up your IP protection, contact us today for a no obligation consultation. Se habla español. 305-858-4512