Many companies or individuals have insufficient knowledge of intellectual property protection and believe that they only need to register trademarks and apply for patents for overseas layout, but ignore copyright registration. There are also views that: "Copyright is not affected by geographical regions. Since the world recognizes it, why apply for Chinese copyright and then apply for American copyright?"

Although China and the United States are both member states of the Berne Convention, the works of Chinese citizens, legal persons and other organizations are protected by U.S. copyright law, that is, after the copyright is registered in China, it can also be effective in the United States.

However , there are differences in the relevant systems between the two countries , so there are also many problems in specific practice. Therefore, it is recommended to apply for the US copyright at the same time, which can reduce some unnecessary troubles, and protect the legitimate rights and interests of the owner through the legal system after encountering infringement. Especially when selling products on the Amazon platform in the United States, it is necessary to record and register copyright in advance to prevent infringement complaints .

Today, Xiaowei is here to answer questions and explain the importance of copyright registration in the United States.

What is a US Copyright (Copyright)?

U.S. copyright is an intellectual property protected by the U.S. Constitution. As long as the author fixes the work in a tangible medium of expression and obtains legal authorization, the relevant rights of the owner of the original work can be protected.

Copyright law can protect many different types of works, including paintings, photographs, illustrations, musical compositions, sound recordings, computer programs, books, poems, blogs, movies, architectural works, plays, and more.

Who can register copyright?

Everyone can be the copyright owner, such as taking a photo, writing a poem, writing a blog or recording a new song, is the author and copyright owner. In addition to the creator of a work, companies, organizations and others can also be copyright holders.

Copyright law allows ownership through "work made for hire," which states that works created by an employee within the scope of employment belong to the employer. Employment principles also apply to certain independent contracting relationships or certain types of commissioned work. Copyright ownership can also come from contracts such as assignments or from other types of assignments such as wills and bequests.

How long can copyright protection last?

The duration of copyright protection depends on when the work was created. Under current law, the term of copyright for works created on or after January 1, 1978 is 70 years after the death of the author.

If the work is a joint work, the term ends 70 years after the death of the last surviving author. For anonymous or pseudonymous works and works made for hire, the term of copyright protection is 95 years after publication or 120 years after creation, whichever expires earlier.

Can works created in China be copyrighted in the United States?

Registration is possible. The U.S. Copyright Office stipulates that any work protected by U.S. copyright law can be registered. Including many foreign works, all unpublished works, regardless of the nationality of the author, can be protected in the United States.

Works created by the author in the United States, or in a country or region with which the author has a copyright treaty of residence or country of residence, are protected by United States copyright law.

What are the benefits of registering a copyright?

1. The copyright infringement lawsuit can only be filed by registering the work .

2. If the registration is obtained before the publication of the work or within five years after publication, the registration certificate will constitute prima facie evidence of the validity of the copyright and the facts stated in the certificate (such as author and date of completion).

3. Early registration also enables copyright owners to seek statutory damages, attorneys’ fees and costs for infringements that occur after the effective date of registration. The court can also increase statutory damages to a maximum of $150,000 if the defendant's infringement is found to be willful.

4. Copyright owners can maximize their protection from the importation of copies by recording their registered copyrights with U.S. Customs and Border Protection (CBP) .

5. The immediate benefit of copyright registration is the creation of a public record, allowing the world to know the owner's copyright claims.

Due to the differences in the legal systems of China and the United States, the understanding of the types of works and the copyright review systems in the two countries are also quite different.

For example, Chinese copyright does not conduct substantive examination, but adopts a registration system; while US copyright adopts a substantive examination system , during the examination process, it may be considered that the applied work is not original, and it will be rejected as not meeting the requirements of copyright protection. Therefore, Xiaowei recommends to understand the relevant provisions of copyright protection as soon as possible, and it is recommended to find an experienced lawyer to assist in applying for registration.