IP Tech Knowledgy

Software developers should not forget about the benefits of copyright registration. It is best to register a copyright soon after the work is completed, so as to gain its benefits as early as possible against any infringer, but other important events in the life of the software should trigger a reminder about registration. They key timing is to have a registration in place before someone infringes on the work. Before starting to use the software or app, or rolling out a new licensing program, or after modifying an app, consider it a time to register. Each of these events creates a new audience, new licensee, and more people who may see a benefit in copying the creation. The chief benefit of registration is the ability to obtain attorneys’ fees and statutory damages. Only if the work is registered before the infringement occurs does the owner have the opportunity to obtain these enhanced damages allowed by the copyright statute. Pursuant to a recent Supreme Court ruling, a copyright must be registered before a lawsuit can be filed.

Ned T. Himmelrich
410-576-4171 • nhimmelrich@gfrlaw.com