Intellectual Property
Nov. 17, 2005
Copyright Registration Issue Widens Split Among Circuits
Focus Column - By Benjamin G. Shatz and Monica Youn - Under the 1976 Copyright Act, copyright protection automatically attaches when a work is created. 17 U.S.C. Section 102(a). Formal registration of the work with the Copyright Office - which requires the deposit of a copy of the work, an application and payment of a fee - "is not a condition of copyright protection." 17 U.S.C. Section 408(a).
Benjamin G. Shatz
Partner, Manatt, Phelps & Phillips LLP
Appellate Law (Certified), Litigation
Email: bshatz@manatt.com
Benjamin is a certified specialist in appellate law who co-chairs the Appellate Practice Group at Manatt in the firm's Los Angeles office. Exceptionally Appealing appears the first Tuesday of the month.
Monica Youn
Manatt, Phelps & Phillips, LLPUnder the 1976 Copyright Act, copyright protection automatically attaches when a work is created. 17 U.S.C. Section 102(a). Formal registration of the work with the Copyright Office - which requires the deposit of a copy of the work, an application and payment of a fee - "is not a condition of copyright protection." 17 U.S.C. Section 408(a).
Registration, however, is required for certain benefits and remedies under the Copyright Act. Chief among these is that registration is a prec...
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