Why register copyrights abroad?
The Berne Convention for the Protection of Literary and Artistic Works (179 member countries, including Ukraine), establishes the principle of automatic copyright protection i.e. works are protected in all member-countries without performing any registration actions.
But the lack of registration often plays against the author, especially in litigation or the commercialization of a work abroad.
If the author or copyright holder decides to use the work abroad in any way, lawyers recommend prior registration of it in the required countries.
Copyright registration options and procedures vary from country to country. The agency’s specialists will help you determine the most suitable option, advise on the cost and procedures, and take all necessary actions to protect your copyright.
Registration of copyright in Russia
In the Russian Federation, there are two types of copyright registration, depending on the object:
- registration of computer software, database and agreements related to the transfer of rights to these objects with the Federal Service for Intellectual Property, Patents and Trademarks of the Russian Federation (Rospatent). The registration period is 3 months;
- depositing of a work of literature, science or art in one of the organizations for collective management of copyright in the Russian Federation (the most famous being the Russian Authors’ Society (RAO)). This procedure is carried out mainly for the distribution and payment of royalties.
Registration of copyright in the USA
In the United States, it is possible to register rights to all objects of copyright, including software, with the Copyright Office at the United States Library of Congress.
What are the benefits of registering a work in the United States?
– registration is actually a notification to third parties about the ownership of the work;
– the data reflected in the Register have already been proven a priori in court. The interested party can dispute this data, but the burden of proof will be solely on it;
– as a general rule, in order to file a claim with the Federal Court, a Certificate is required (with the exception of copyright for works published outside the United States in one of the member-countries of the Berne Convention);
– registration allows you to establish territorial jurisdiction;
– registration gives the right to claim compensation in the amount established by the Law (up to USD 150,000), including legal costs. Without registration, compensation is limited to actual proven damages.
The registration period is 4 months.
Cost: starts from USD 395.
Registration of copyright in the EU
You can register a copyright in the EU in the private depositories of the member states.
One of the well-known organizations that carry out copyright registration in the European Union is the Copyright House organization. It is an online service for depositing works. As a result, the applicant receives a certificate officially confirming the authorship, as well as the date on which the work already existed.
The certificate can become an important piece of evidence in the event of copyright infringement or in the case of claims from third parties.
The cost of copyright registration by Copyright House depends on how many works need to be registered and will amount to:
• Patent attorney fee – EUR 200
• Cost of Copyright House services starting from GBF 27 (tariffs may vary).
The cost of registration in other depositories will depend on the country in which the registration is carried out and on the selected depository’s pricing policy.