: Re: Registering copyright as a "folio?" I was listening to an older episode (2012) of "The Audacity to Podcast", where the host is talking with a copyright/IP Lawyer: https://theaudacitytopodcast.com/tap077-copyright-laws-for-blo
Apparently the 3 months element is useful IF you expect lawsuit issues. From the Copyright Circular from www.copyright.gov/help/faq/faq-general.html (more specifically - www.copyright.gov/circs/circ01.pdf)
In addition to establishing a public record of a copyright claim, registration offers several other
statutory advantages:
• Before an infringement suit may be filed in court, registration (or refusal) is necessary for
works of U.S. origin.
• Registration establishes prima facie evidence of the validity of the copyright and facts stated in
the certificate when registration is made before or within five years of publication.
• When registration is made prior to infringement or within three months after publication of a
work, a copyright owner is eligible for statutory damages, attorneys’ fees, and costs.
• Registration permits a copyright owner to establish a record with the U.S. Customs and Border
Protection (CBP)3 for protection against the importation of infringing copies.
a few pages later...
• A certificate of registration creates certain legal presumptions if the work is registered before
or within five years after the work was first published.
• A copyright owner may be entitled to claim statutory damages and attorneys’ fees in an
infringement lawsuit if the work was registered before the infringement began or within three
months after the first publication of that work.
So in short, if you expect legal issues, the 3 months MAY be a good option, but life is pretty ok for 5-years-within publication. So if I do annual registrations, that's more than enough.
Note - they still have one of my favorite questions: How do I protect my sighting of Elvis?
I'm still not certain about PODCASTS, if they count as "published, distinct entities" and thus would each have to be covered one at a time, since an unpublished collection may be one thing, but is sharing out a podcast via RSS "publishing?"
from www.copyright.gov/help/faq/faq-register.html#multiple
You may register unpublished works as a collection on one application with one title for the entire collection if certain conditions are met. It is not necessary to list the individual titles in your collection. Published works may only be registered as a collection if they were actually first published as a collection and if other requirements have been met.
What is publication?
Generally, publication occurs on the date on which copies of the work are first made available to the public.
Circular 66 on Websites/webcontent may answer my questions more specifically, but I haven't looked at it yet really.
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