The Family Entertainment and Copyright Act of 2005 (FECA) created a new procedure, known as copyright preregistration, intended to address some problems with works that are pirated before their lawful publication or official release by the copyright owner. Preregistration is available for certain types of work judged by the Copyright Office to be especially vulnerable to piracy before their lawful release or publication. These include motion pictures, musical compositions and sound recordings, computer software and videogames, literary works, and "advertising and marketing photographs."
How it works Edit
A copyright owner can preregister these types of works if they are unpublished, but "being prepared for commercial distribution," meaning that the copyright owner has a reasonable expectation that the work will be commercially distributed to the public, and the work, if not finished, has at least been commenced. Upon submission of an application and fee, the Copyright Office undertakes a limited review of the work, and if approved, preregisters the work and issues a certificate, much as in the case of copyright registration. Preregistration is available only online using the eCO (electronic Copyright Office electronic system).
Preregistration is not a complete substitute for registration. Although preregistration allows an "action for infringement" to be "instituted" under 17 U.S.C. §411(a), preregistration, unlike registration, involves only a cursory review by the Copyright Office and consequently preregistration will not serve as prima facie evidence of the validity or ownership of a copyright.
- ↑ Pub. L. No. 109-9 (2005).
- ↑ See Pub. L. No. 109-9, §104, 119 Stat. 218, 221-22 (Apr. 27, 2005); 17 U.S.C. §408(f) (setting forth basic rules for preregistration), §411(a) (preregistration or registration necessary to institute infringement action in most cases); 37 C.F.R. §202.16 (Copyright Office rules for preregistration).
- ↑ See 37 C.F.R. §202.16.
- ↑ Id.
- ↑ Id. §202.16(b)(2).
- ↑ Id. §202.16(c).
- ↑ Id. §202.16(c)(6), (7), (13).
See also Edit
- Compendium of U.S. Copyright Office Practices, Third Edition, Glossary, at 13.
- Copyright registration