Discussion:
What is the name of your state? AL, USA
Are copyright violations still violations if the copyright application is dated after the alleged violation? Meaning... If I create an image and find someone else has copied the "look and feel" of my image, can I then apply for a copyright and enforce it, if their copying occured before my application for copyright?
Answer:
You have copyright protection of all images that you personally create regardless of whether the copyright is registered.
However, if you do register the copyright, then you have an easier time proving your case and collecting damages.
You can file for formal copyright on your images at any time, but if you eregister within 5 years after you made them, the registration acts as prima facie proof of ownership. In other words, you may have to do more to prove ownership if you register after 5 years.
Also, if you registers the items with the Copyright Office only after the infringement has taken place, you may be barred from recovering attorneys fees or statutory damages in the lawsuit.
Answer:
Thanks for your response!
Also, if you registers the items with the Copyright Office only after the infringement has taken place, you may be barred from recovering attorneys fees or statutory damages in the lawsuit. Why is this? Is this built into copyright law or at the discretion of the judge?