This cuffing season, the federal government ghosted us again. With the shutdown freezing operations, the Copyright Office gave us the cold shoulder too.
What happens to copyright now?
Since the US Copyright Office was closed for so long, they are going to be dealing with a massive backlog of applications, which will result in continued registration delays. Copyright applicants who are still waiting on their federal registrations won’t be able to enforce copyrights.
Why can’t copyright applicants enforce copyrights?
Copyright owners need a processed registration to enforce their rights in a lawsuit. The timing of when a registration is processed can make a big difference in the damages a copyright owner can receive in cases of infringement.
Copyright owners waiting on their registration in cases of infringement will be left without legal recourse until their applications are approved. Furthermore, the statute of limitations to file an infringement suit does not freeze at this time either. This means that the three-year deadline you have to file suit after you discover infringement still applies regardless of the delays.
What can copyright applicants do in the meantime?
1. Continue to submit copyright applications!
We recommend that you continue to submit registrations and records as they will still reflect the date of receipt, despite the delay in processing. The Office’s electronic Copyright Office (eCO) will still be able to record the earliest effective date of registration possible now that the Copyright Office is back up and running (or slowly jogging).
2. Document, document, document!
Save proof of when you create and publish your work. Date and save your drafts, keep a log of the communication surrounding your work, and stay vigilant about monitoring for infringement.
Even if you can’t enforce your ownership rights during the application process, stay prepared so that you are ready once the registration comes through.
3. Register your works with alternate sources.
Register with alternate sources such as the Writers Guild of America (East or West), Authors Guild, Creative Commons, etc. This will create a timestamped record of your ownership. While the US Copyright Office registration is the only legally enforceable registration, registering with other avenues during this time can at least help you document a chain of ownership that can serve as evidence if you need to file suit later down the road.
4. In cases of infringement, consider sending cease and desist letters.
Cease and desists are a little like Craigslist mafiosos. They might not actually pack a (legal) punch, but they can at least add proof to show a history of infringement from another party. Plus, if you can prove that the infringer received a cease and desist and continued to infringe afterwards, you may be able to make a case for willful infringement.
While none of these solutions are a perfect replacement for the almighty powers of the US Copyright Office, they do empower you to protect your work the best you can in the face of processing delays.
Remember- just because the government shut down doesn’t mean you have to, too!
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