Copyright registration with the US Copyright Office (a division of the Library of Congress) provides for the ability to enforce your rights in the Federal Courts. Our copyright experts assist Chinese creators and companies with:
We help Chinese clients understand the differences between Chinese and US copyright law to ensure comprehensive protection for their creative works.
Registration of your copyright with the U.S. Copyright Office confers several substantial benefits that can prove invaluable in protecting your creative works:
Legal Standing and Enforcement For U.S. copyright holders, registration serves as an essential gateway to the federal court system, being a mandatory prerequisite for filing an infringement lawsuit. (This requirement is waived for foreign copyright holders seeking to protect their U.S. rights.)
Presumption of Validity When registration is secured within five years of a work’s first publication, the resulting certificate bestows a powerful legal advantage: it serves as prima facie evidence of both copyright validity and the factual assertions contained within the registration document. This presumption can prove crucial in potential litigation scenarios.
Enhanced Legal Remedies Perhaps most significantly, timely registration (prior to any infringement) unlocks access to statutory damages and the potential recovery of attorney’s fees in infringement proceedings. This is particularly valuable since actual damages can often be modest or challenging to quantify. The availability of statutory damages can fundamentally alter the calculus of whether pursuing legal action is financially viable.
The availability of statutory damages represents one of the most powerful incentives for promptly registering your copyright.
Financial Recovery Without Proof of Actual Loss
Fulfillment of Legal Obligations Registration elegantly satisfies the Copyright Act’s mandatory deposit requirement, which otherwise mandates that copyright owners submit two copies of published works to the Library of Congress within three months of publication. While separate failure to meet this obligation only results in fines following formal demand, registration streamlines compliance with this legal duty.
For Chinese businesses entering or expanding in the US market, a holistic approach to IP protection is crucial. Our team offers:
We understand the unique challenges faced by Chinese companies in the US market and work diligently to create IP strategies that support your business objectives while navigating cross-cultural complexities.
Our firm offers:
By partnering with our firm, Chinese innovators and businesses can confidently protect their intellectual property in the United States, paving the way for successful market entry and expansion. Let us help you turn your IP into a powerful asset in the world’s largest economy.