Registering for copyright (split)

[Veritas Games]

If you are not registered you can't sue...so while technically you are copyrighted just from writing it down, you can't actually enforce your copyright without being registered.

I only tangentially covered copyright in two courses in law school, but, while I'm not an IP lawyer and, thus, totally certain, I'm pretty sure that this statement is wrong.

If not technically correct, it was practically correct most of the time.  There are a handful of copyright claims you can bring in federal district court without registration, but for most of the claims, including big money damages, most of that stuff requires a registration on file to be able to bring the claims.  It's an administrative hurdle.  You can always file after the fact before the statute of limitations runs out on your infringement claim, but (if memory serves), if your copyright wasn't registered at the time of the infringement you may be barred from making certain claims for statutory damages.  I can't remember if I'm spot on on this last bit, since I don't have Title 17 in front of me.

Given the fact that reducing an idea to a tangible medium grants automatic copyright, it wouldn't make any sense to require registration in order to sue.

Welcome to the federal government.

You CAN sue without registration, but there's only like one or two sections under Title 17 that you can claim, and they aren't the ones you want to be claiming.

[Ron Edwards]

Hello,

Split from Should I bother registering my RPG for copyright?

Please check dates on threads before posting to them. This one was recently linked in a discussion, so I realize the temptation to reply is strong. Resist temptation.

Best,
Ron