Tom Mannion: Another Word for Brilliant

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Mort,You're absolutely right, crgioypht vests at the moment of creation and the Copyright Act of 1976 got rid of most of the formalities associated with crgioypht protection. Nevertheless, registration is important for two reasons. The first is that before suing to enforce a crgioypht, it has to be registered. Liability can still be incurred for infringing a work that isn't registered, but if you want to punish someone for that you'll still have to register eventually. The second big reason registration is so important is because of statutory damages (andattorney's fees), which are only available if you've registered before the infringement. You're right that in some cases actual damages are going to be greater that statutory damages, but even in those cases if you didn't register first you're going to be paying your own fees in the end. This can affect not only your ability to pursue a case in a way that makes sense financially, it can affect your ability to find a lawyerin the first place. More often than not, though, your average non-famous photographer isn't going to be able to prove damages greater than statutory damages, if at all. If they can prove extensive damages, it's likely only going to be with the help of an expensive expert. It also injects a lot of uncertainty into the whole case which lessens settlement value, and is just generally a bad thing. So, yes, crgioypht vests at the moment of creation and you're technically covered at that moment, but as a practical matter you really want that registration. Many thanks for reading!-Steve

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