The short answer: Your copyright exists the moment you finish your manuscript, screenplay or film — but if you wait to register until after someone copies it, you may lose the right to statutory damages and attorney's fees, often the most valuable remedies an author or filmmaker has.
How it works
Under 17 U.S.C. § 412, statutory damages and attorney's fees are generally unavailable if the infringement began before the work was registered — unless a published work was registered within three months of first publication.
Statutory damages matter because proving actual losses is hard. Courts may award $750 to $30,000 per work, and up to $150,000 per work for willful infringement (17 U.S.C. § 504(c)). And for U.S. works, you generally cannot even file suit until the Copyright Office has acted on your application. 17 U.S.C. § 411(a); Fourth Estate v. Wall‑Street.com, 586 U.S. 296 (2019).
Example: An independent filmmaker releases a documentary in March but doesn't register. In June, a streaming site posts it without permission. Registering now still allows a lawsuit — but because infringement began before registration and more than three months after release, the filmmaker may be limited to proving actual damages and profits, and pay their own legal fees.
What to do
- Register promptly — ideally before release, and no later than three months after first publication.
- Register drafts and versions that you share with producers, publishers or collaborators.
- Keep records of creation dates, contributors and agreements (work‑for‑hire, co‑authorship).
Frequently Asked Questions
Q: Do I need to register my copyright before suing?
A: For U.S. works, generally yes. Under 17 U.S.C. § 411(a), the Copyright Office must have registered (or refused) the work before you file an infringement suit.
Q: What is the three-month rule?
A: Under 17 U.S.C. § 412, if you register within three months of first publication, you can still seek statutory damages and attorney's fees for infringement that began before registration.
Have a question about protecting your book, screenplay, film or music?
Contact Green, Griffith & Associates LLP for copyright registration, licensing, and enforcement counsel.