What are the benefits of copyright registration?

Registrations are not required for copyright rights to exist; it is ultimately your choice whether you want to file a registration application. In making this choice, it is important to keep in mind the benefits of registration. This post provides a list of those benefits for copyright registrations with the U.S. Copyright Office.

1.     Listing on the U.S. Copyright Office Public Records System

Registration with the U.S. Copyright Office (the “Office) creates a public record of the registered work that can be found on through the Office’s records system.[1] These records include information such as the author, owners, title, year of creation and date of publication. This can help those who want to license your work understand the status of your work and contact you.

2.     Prerequisite to Bringing a Lawsuit

Generally, with limited exceptions, registration or preregistration is required to bring a copyright infringement lawsuit.[2] This means that in order to file a copyright infringement lawsuit against someone, if you do not already have a registration, you would likely need to apply for and wait for registration before filing the lawsuit.

The registration prerequisite does not apply to foreign works.[3] Additionally, owners of works that are especially susceptible to prepublication infringement, or that involve live broadcasts may be able to assert copyright infringement lawsuits before the granting or refusal of a registration.[4] The Copyright Claims Board (the “CCB”), an alternate forum to federal courts that resolves disputes up to $30,000 total, requires that registration application submissions in concurrence with or before filing a claim with them.[5]

3.     Prerequisite to Certain Remedies for Infringement

In order to claim statutory damages or attorney’s fees in a copyright infringement lawsuit, the work must be registered before the infringement occurred or within three months after the first publication of the work.[6]

4.     Evidence of Validity

If a work is registered before or within five years of first publication, the registration constitutes prima facie evidence of validity.[7] This can help if there are disputes over the validity or infringement of the work.

5.     Satisfying the Deposit Requirement of the Copyright Act

The Copyright Act requires copyright owners to deposit copies of the work with the Library of Congress within three months after the date of publication.[8] However, this requirement is not a condition for copyright protection, and the Office needs to make a written demand for copies for any penalty to apply. The copies of a work that are submitted to the Office as part of the registration application typically satisfy the deposit requirement.

6.     Recording with the CBP

Valid copyright registrations or pending applications may be recorded with the U.S. Customs and Border Protection Service.[9] The CBP may then seize incoming, pirated copies of the copyright owner’s work at U.S. Ports of Entry. Recordation with the CBP requires a separate fee and must be renewed every twenty years.

7.     Compulsory License Royalties

In order to receive royalties under a compulsory license (in essence, royalties from someone covering a song composition via a license that does not require the copyright owner’s permission), the copyright owner must be identified in the registration or other Office public records. See our previous post about cover songs if you want to learn more about compulsory licenses.

You can find a full list of benefits in the Compendium of U.S. Copyright Practices.

If you are a creative who wants to learn more about copyright registration or want help with the registration process, we invite you to book a Consultation with us!

[1] U.S. Copyright Office, Public Records System, https://publicrecords.copyright.gov/ (last visited Dec. 22, 2025).

[2] 17 U.S.C. § 411(a).

[3] Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, 586 U.S. 296, 306 (2019).

[4] Id. at 308.

[5] CCB, FAQ, https://ccb.gov/faq/ (last visited Dec. 22, 2025).

[6] 17 U.S.C. § 412.

[7] U.S. Copyright Office, Compendium of U.S. Copyright Office Practices, Third Edition, § 202 (2021).

[8] 17 U.S.C. § 407.

[9] CBP, Help CBP Protect Intellectual Property Rights, https://www.cbp.gov/trade/priority-issues/ipr/protection?_ga=2.206225883.972787971.1625756000-741811112.1625756000 (last visited Dec. 22, 2025).