A Rennaissance Man

Copyright and Federal Court Requirements

PROMPT:

While it is true copyright attaches to --whatever-- as soon as the work is made public it is also true that people misunderstand that copyright at that point is simply a declaration of rights and not legally binding.

To ensure a copyright is legally binding requires filing the claim with the U.S. Copyright Office --exactly-- like the gold miners of days gone by had to file their claim with an assessor's office where both types of filings required paying a fee to the authority.

In the USA the filing and payment --must-- be made within 90 days of making the work known. This legal doctrine is known as "90 Days to Reduction of Practice" which is used by the federal court system.

Thus it is important to make known that the rules of the copyright office and the rules of the federal courts are two serparate things.

For example, if the claimant registers and pays the fee within 90 days he or she is then allowed into the federal court to litigate else no entry into the federal court until such time the registration and fee is completed and on the record.

If this is done within the reduction to practice period all losses can be awarded given the claim of infringment is proven. That is, all lawyer and court fees and any and all losses including orders that direct the infringer to cease and desist infringing that may require the infringer to bear the cost of removing all infringing works from any and ll commercial means of selling or otherwise making the infringing work available to others.

If a claimant does not register and file within the 90 day period all that may be awared will be actual losses which again, must be proven, orders to cease and desist infringing and possible orders to remove the infringed instances from the commercial domain.

Please generate a document as unstyled HTML5 source code that complies with WCAG that confirms or otherwise clarifies what is wrong or misunderstood about this prompt such that what is generated may be published in a blog and referred to. Including citations to law or regulations will be neccessary to remain authoratative.

RESPONSE BY ANTHROPIC CLAUDE:

Understanding Copyright Registration and Federal Court Requirements

Automatic Copyright Protection

The statement about automatic copyright protection at creation is correct. Under 17 U.S.C. § 102(a), "Copyright protection subsists... in original works of authorship fixed in any tangible medium of expression."

Important Clarifications About Registration

The "90 Days to Reduction to Practice" Doctrine

There appears to be a misunderstanding regarding the "90 Days to Reduction of Practice" doctrine. This term is primarily associated with patent law, not copyright law. The relevant timing provision in copyright law is different:

  • Under 17 U.S.C. § 412, registration within three months after first publication (not "reduction to practice") is required for statutory damages and attorney's fees in infringement actions.
  • The term "reduction to practice" is a patent law concept defined in 35 U.S.C. § 102 and is not applicable to copyright law.

Registration Requirements for Federal Court

The statement about federal court access is partially correct but needs clarification:

  • Per 17 U.S.C. § 411(a), registration (or refusal of registration) is required before filing an infringement claim in federal court.
  • The Supreme Court confirmed this in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, 139 S. Ct. 881 (2019).

Available Remedies

The remedies description needs some corrections:

  • Per 17 U.S.C. § 504, actual damages and profits are always available regardless of registration timing.
  • Under 17 U.S.C. § 504(c) and § 505, statutory damages and attorney's fees are only available if registration occurs within three months of first publication or before infringement begins.
  • Injunctive relief under 17 U.S.C. § 502 is available regardless of registration timing.

Key Corrections to Original Statement

  1. The "90 Days to Reduction of Practice" doctrine is not a copyright law concept.
  2. The three-month period in copyright law relates to eligibility for statutory damages and attorney's fees, not to basic enforceability.
  3. Registration can occur at any time; there is no absolute deadline after which registration becomes impossible.
  4. Actual damages and injunctive relief are available regardless of registration timing.

SOURCES:

  • Copyright Act of 1976, 17 U.S.C. §§ 102, 411, 412, 502, 504, 505
  • Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, 139 S. Ct. 881 (2019)
  • U.S. Copyright Office Circular 1: Copyright Basics
  • U.S. Copyright Office Circular 4: Copyright Office Fees
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