192 Garden Street | Suite 2 | Roslyn Heights | New York | 11577-1012 | USA | E-mail | (516) 621-6424 | www.RPDieguez.com


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© 2011 Richard P. Dieguez, Esq.  All rights reserved

Behind The Limelight is an occasional newsletter distributed free of charge and, therefore, may be discontinued at any time without notice.  The information presented should not be acted upon without the advice of an experienced attorney. This newsletter is not associated with any of the advertisers or sponsors appearing herein.
  Legal Tips
  Copyright Pre-Registration:
The Secret Weapon Against Rip-Off Artists
   
  In my workbook, Make Music, Make Money and in a recent meeting of The Circle, I revealed how copyright registration provides at least eight valuable legal weapons that can be used against infringers.
   
  But there's an addition to the arsenal.  Copyright pre-registration.  It's a secret weapon because it is relatively new and a lot of creative and business people still don't know about it.  
   
  This new weapon came about under the Artists' Rights and Theft Prevention Act of 2005 to provide firepower against an ever-growing scenario that goes like this.
   
  You spend substantial time and money developing and pre-marketing a much anticipated CD, movie, or video game software.  In the meantime, an unauthorized version leaks out and bootlegs are being sold.  The problem is that you didn't register for copyright yet because you weren't finished with the product.  That means you will be at a financial and tactical disadvantage when you try to legally enforce your rights. 
   
  What are some of these disadvantages?  First off, you would not be able to sue for infringement in federal court.  Secondly, even if you could, you would not be able to recover statutory damages nor attorney's fees.  But, you can if you pre-registered!
   
 

Four Key Things To Know
   
  1. The fee to pre-register your work (at the time of this writing) is $100 (nonrefundable). 
   
  2. If you pre-register, you still have to file a regular copyright registration (under some very specific deadlines).  At the time of this writing, the fee is $45.
   
  3. There is no form for pre-registration.  The application must be done on-line.
   
  4. Not all creative works are eligible for pre-registration.
   
 

Is This A Good Option For You?
   
  The Copyright Office states that pre-registration is intended and most useful for creative works (like CDs and movies, for example) that have a history of pre-release infringement.  If you have questions about pre-registration and whether it is an option for you, e-mail me about setting up a consultation. 
   
  Not sure yet?  Have questions about the fee or services?
Email-me to arrange for a free confidential telephone appointment to get more information.
   
 
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