Demopolis, AL asked in Copyright for Alabama

Q: Would it be seriously problematic if I self-published my original work before I receive my certificate of registration?

The US Copyright Office has already received my original literary work. I am wondering if I can go ahead and publish or if I need to wait to receive my certificate of registration.

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2 Lawyer Answers
Jason Brooks
Jason Brooks
Answered
  • Intellectual Property Lawyer
  • los angeles, CA

A: The date of confirmation of registration is the operative measure. The certificate is just documentary evidence for you to have at your disposal. So, as long as you have a registration number, you're protected.

Griffin Klema
Griffin Klema
Answered
  • Intellectual Property Lawyer
  • Tampa, FL

A: I'm not sure I agree with Mr. Brooks' answer. The origin of the copyright RIGHT occurs at the moment of creation. Once you are done writing your book, you had a copyright. A registration is public notice of that right. Now, enforcing a copyright is a different matter. A certificate of registration is needed before you sue anyone for infringement.

To answer your question more directly: You've been protected since you finished the work. You can go ahead and publish/distribute/sell before you get the certificate, and such activities will not affect your copyright.

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