The way in which copyright protection is secured is frequently misunderstood.  No publication or registration or other action in the Copyright Office is required to secure copyright.  Rather, copyright protection is secured automatically when a work is created.  A work is "created" when it is fixed into a form such as a book, tape or electronic medium for the fist time.  Thus, for example, a song can be fixed in sheet music or in a CD, or both.

Even though registration is not a condition of copyright protection, registration provides several advantages to copyright owners.  Such advantages include:

• Registration establishes a public record of the copyright claim.
• Before an infringement suit may be filed in court, registration is necessary for works of U. S. origin.
• If made before or within 5 years of publication, registration will establishe prima facie evidence in court of the validity of the copyright and the facts stated in the copyright certificate.
• If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions.  Otherwise, only an award of actual damages and profits is available to the copyright owner.
• Registration allows the owner of the copyright to record the registration with the U.S. Customs Service for protection against the importation of infringing copies.

Furthermore, registration may be made at any time within the life of the copyright, whether the work is published or unpublished.

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