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Q&A Registering copyright as a "folio?"

Apparently the 3 months element is useful IF you expect lawsuit issues. From the Copyright Circular from https://www.copyright.gov/help/faq/faq-general.html (more specifically - https://www.copyr...

posted 5y ago by April Salutes Monica C.‭  ·  last activity 4y ago by System‭

Answer
#4: Attribution notice removed by user avatar System‭ · 2020-02-10T14:22:56Z (about 4 years ago)
Source: https://writers.stackexchange.com/a/44838
License name: CC BY-SA 3.0
License URL: https://creativecommons.org/licenses/by-sa/3.0/
#3: Attribution notice added by user avatar System‭ · 2019-12-08T11:46:58Z (over 4 years ago)
Source: https://writers.stackexchange.com/a/44838
License name: CC BY-SA 3.0
License URL: https://creativecommons.org/licenses/by-sa/3.0/
#2: Initial revision by (deleted user) · 2019-12-08T11:46:58Z (over 4 years ago)
Apparently the 3 months element is useful IF you expect lawsuit issues. From the Copyright Circular from [https://www.copyright.gov/help/faq/faq-general.html](https://www.copyright.gov/help/faq/faq-general.html) (more specifically - [https://www.copyright.gov/circs/circ01.pdf](https://www.copyright.gov/circs/circ01.pdf))

> In addition to establishing a public record of a copyright claim, registration offers several other statutory advantages:  
> • Before an infringement suit may be filed in court, registration (or refusal) is necessary for works of U.S. origin.  
> • Registration establishes prima facie evidence of the validity of the copyright and facts stated in the certificate when registration is made before or **within five years of publication**.  
> • When registration is made prior to infringement or **within three months** after publication of a work, a copyright owner is eligible for statutory damages, attorneys’ fees, and costs.  
> • Registration permits a copyright owner to establish a record with the U.S. Customs and Border Protection (CBP)3 for protection against the importation of infringing copies.

a few pages later...

> • A certificate of registration creates certain legal presumptions if the work is registered before or within five years after the work was first published.  
> • A copyright owner may be entitled to claim statutory damages and attorneys’ fees in an infringement lawsuit if the work was registered before the infringement began or within three months after the first publication of that work.

So in short, if you expect legal issues, the 3 months MAY be a good option, but life is pretty ok for 5-years-within publication. So if I do annual registrations, that's more than enough.

_Note - they still have one of my favorite questions: [How do I protect my sighting of Elvis?](https://www.copyright.gov/help/faq/faq-protect.html#elvis)_

I'm still not certain about PODCASTS, if they count as "published, distinct entities" and thus would each have to be covered one at a time, since an unpublished collection may be one thing, but is sharing out a podcast via RSS "publishing?"

from [https://www.copyright.gov/help/faq/faq-register.html#multiple](https://www.copyright.gov/help/faq/faq-register.html#multiple)

> You may register unpublished works as a collection on one application with one title for the entire collection if certain conditions are met. It is not necessary to list the individual titles in your collection. Published works may only be registered as a collection if they were actually first published as a collection and if other requirements have been met.

[What is publication?](https://www.copyright.gov/help/faq/faq-definitions.html#publication)

> Generally, publication occurs on the date on which copies of the work are first made available to the public.

[Circular 66](https://www.copyright.gov/circs/circ66.pdf) on Websites/webcontent may answer my questions more specifically, but I haven't looked at it yet really.

#1: Imported from external source by user avatar System‭ · 2019-04-29T18:55:04Z (almost 5 years ago)
Original score: 2