Just to Be Clearer – Registering Your Copyright BEFORE the Infringement for Statutory Damages

As explained in my July 8 blog, to be eligible for statutory damages for copyright infringement you must have registered your photograph with the U.S. Copyright Office prior to the infringement or within three months of first publishing it. See 17 USC Section 412.

Because the statute does not allow for statutory damages when “any infringement of copyright in an unpublished work commenced before the effective date of its registration,” then you don’t have the 3 month window to register your photograph after an infringement if your work was unpublished at the time of the infringement.

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