One question affecting the scope of available remedies must be asked
at the outset of any copyright case: When was the copyright in the
work registered with the Copyright Ofce?
A copyright owner who believes a work was infringed must register
the work before instituting a copyright infringement action: with lim-
ited exceptions (discussed in section II), registration is required before
bringing suit.1 But if the owner waits to register the work until after
the infringement has occurred, the available remedies may be limited.
Specically, absent a timely registration, the copyright owner will not
be able to recover attorneys’ fees or statutory damages in any ensu-
ing litigation (though actual damages, injunctions, and impoundment
remain available).
1. 17 U.S.C. § 411(a).
5
CHAPTER 2
Registration as a Threshold
Issue for Determining
Available Remedies
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