Intellectual Property Law

Chapter 9 Putting It Into Words Solution

Draft a paragraph to be included in a letter to a client in Ohio explaining why the client
should apply for a copyright registration for her book of photographs of the Grand
Canyon, which was published last month.

Although your book of photographs of the Grand Canyon is protected under
U.S. copyright law and there is no legal requirement that you apply for a
copyright registration, obtaining a copyright registration will afford you
several advantages, including the following:

• Registration establishes a public record of your copyright
rights;
• Before you may bring a lawsuit alleging infringement, the
work must be registered;
• If the registration is made before or within five years of
publication of the work, the registration will constitute prima
facie evidence in court of the validity of the registration and
the facts stated in the certificate;
• If registration is made within three months after the work is
published (or prior to an infringement of the work), you will be
entitled to obtain statutory damages and attorney’s fees in any
action alleging infringement of the work; and
• Registration will allow you to record the copyright registration
with the U.S. Customs and Border Protection to bar the
importation of any infringing copies of your book.

Moreover, obtaining a copyright registration is relatively straightforward and
inexpensive (namely, $35 for an online application). In view of the significant
advantages to and ease of obtaining a copyright registration, we thus strongly
recommend that you apply for a copyright registration of your work.