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The Pre-Published Fiction Writer's User-Friendly Guide to Copyright 
 
by Kelly Cannon Hess July 28, 2005

Benefits of Registering a Copyright

Your ownership of an unregistered copyright is every bit as legal and binding as your ownership of a registered one. However, registration establishes a public record and affords the author certain legal protections and remedies that might not otherwise be available.

Registering your copyright before your work is published, or within five years of publication, creates a legal presumption that the work belongs to you. A presumption cannot be overcome in court without compelling evidence. Further, having registered your copyright before any instance of infringement entitles you to statutory damages and attorney's fees in the event you prevail in court. If the copyright wasn't registered prior its infringement, then any award would be limited to actual damages - i.e., the amount of money the infringer made on it, with no added penalty for wrongdoing and no reimbursement for your attorney fees. In any event, you must register your copyright before you can file an infringement lawsuit.

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