Supreme Court of the United States

Copyright is the exclusive right to reproduce, adapt, distribute, perform, and display works of original expression. These rights accrue upon creation of the work and a copyright registration is not required to own a copyright or acquire these rights.

U.S. Copyright Act

The U.S. Copyright Act, 17 U.S.C. 101, et seq. provides a means for registering copyrights with the U.S. Copyright Office, which is a part of the Library of Congress. The Federal registration process, while simple, can take nine to twelve months to complete before any Registration Certificate issues. The Copyright Act also provides various rights and remedies for copyright infringement, including statutory damages and attorney fee recovery. However, the Act also states

[N]o civil action for infringement of the copyright … shall be instituted until … registration of the copyright claim has been made in accordance with this title.” 17 U.S.C. 411.

What Qualifies as Actual “Copyright Registration”?


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It is almost that time of year — football season is approaching and with the anticipation of tailgating and touchdowns comes, of course, talk of trademarks. For years, the Washington Redskins have been fighting battles regarding their REDSKINS trademark. The issues have created much controversy due to the purported negative connotation the REDSKINS term gives