From copyright.gov.
"
Copyright Secured Automatically upon Creation
The way in which copyright protection is secured is frequently
misunderstood. No publication or registration or other action
in the Copyright Office is required to secure copyright. (See
following note.) There are, however, certain definite advantages
to registration. See “Copyright Registration” on page 7.
Copyright Registration
In general, copyright registration is a legal formality intended
to make a public record of the basic facts of a particular copyright.
However, registration is not a condition of copyright
protection. Even though registration is not a requirement for
protection, the copyright law provides several inducements
or advantages to encourage copyright owners to make registration.
Among these advantages are the following:
• Registration establishes a public record of the copyright
claim.
• Before an infringement suit may be filed in court, registration
is necessary for works of U. S. origin.
• If made before or within five years of publication, registration
will establish prima facie evidence in court of
the validity of the copyright and of the facts stated in
the certificate.
• If registration is made within three months after publication
of the work or prior to an infringement of the work,
statutory damages and attorney’s fees will be available to
the copyright owner in court actions. Otherwise, only an
award of actual damages and profits is available to the
copyright owner.
• Registration allows the owner of the copyright to record
the registration with the U. S. Customs Service for protection
against the importation of infringing copies. For
additional information, go to the U. S. Customs and
Border Protection website at
www.cbp.gov/xp/cgov/import.Click on “Intellectual Property Rights.”
Registration may be made at any time within the life of
the copyright. Unlike the law before 1978, when a work has
been registered in unpublished form, it is not necessary to
make another registration when the work becomes published,
although the copyright owner may register the published
edition, if desired.
"
I understand that you mean that the 'provisional copyright' doesn't allow you to make a suit in court. Yes, I understand that, it says it right there, that it has to be registered to be able to go to court.
Here's the problem I have with what you're saying. The way you put it isn't an 'I'm a lawyer, I'm here to help', it sounds more like 'I'm a lawyer and you guys wouldn't be able to take us to court, so we can do it anyway.'
However, we have proof here from the government copyright office that says,
"It is illegal for anyone to violate any of the rights provided by the copyright
law to the owner of copyright."
We, as artists, may not be lawyers that are 'an expert, in copyright law, who argues cases before the US Supreme Court and The World Court, in The Hague.' but we know our rights, and we are allowed to claim copyright on works that people are displaying without prior consent, whether we have a registered copyright or not.
Like I said in my earlier posting, I always represent writers, artists, and musicians who have been infringed upon, so I do understand how you feel, but any kind of war has too damned much collateral damage and I truly don't think that's what any true artistic person wants. If you agree with what I'm saying, please pass it along to others who may accept a working truce. This will be my last posting, as I know nothing else to say that might stop this. Good luck to members of both sites!
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