Registering your copyright is an important step toward protecting your original work before making it accessible to the public. There is a general timeline that you may expect the United States Copyright Office to follow when processing your application. You must understand this timeline so that, if any deviations occur, you will know to act on it. Continue reading to learn the important dates surrounding copyright registration and how an experienced New Jersey copyright lawyer at The Ingber Law Firm can lead you through every step of the way.
What are important dates to know surrounding copyright registration?
First of all, you should kickstart your application for copyright registration well before you reproduce, distribute, or public perform/display your original work.
Once you submit your application, a registration specialist may communicate with you if certain information is missing or requires clarification. With this, you must reply with the appropriate feedback within the timeframe that they specify. Usually, you should respond to a phone call within a reasonable time and to a follow-up email or letter within 45 calendar days.
A failure to do so may mean that the United States Copyright Office may close your file without completing its examination of it. Only under extentuating circumstances may you request to repon your file; otherwise you may have to refile a new application with a separate filing fee and deposit.
But if all goes well with your application, you may expect the United States Copyright Office to process it within three to nine months; and soon after is when you may receive your certificate.
What is the deadline for a copyright infringement claim?
Contrastingly, say that you have already registered your copyright, but your original work is now being infringed upon by an unauthorized user. In a case like this, the United States Copyright Office recommends that you file a civil lawsuit in federal district court against the infringing party. Importantly, this is an aggressive approach that should only be considered when all other enforcement options have failed (i.e., reporting the infringement on social media platforms, opening up a discussion with the infringing party, sending a cease and desist letter to the infringing party, etc).
Evidently, you must keep in mind the deadline that comes with a copyright infringement claim. Otherwise known as the statute of limitations, this deadline is three years from the date on which an act of infringement occurred. A failure to meet this date may mean that the federal district court may not take on your case.
You should not have to go through your infringement claim proceedings alone. Instead, you should seek the assistance of a skilled Essex County, New Jersey intellectual property lawyer from The Ingber Law Firm. Contact our firm today.