Higher Costs for Creators to Protect Their Rights

It seems like individual creators just can’t catch a break. As of yesterday, it became much more expensive for the majority of creative artists, particularly songwriters, recording artists and multi-media artists, to protect their works by registering them with the U.S. Copyright Office. While one does not need to register to obtain copyright protection, there are a couple of key incentives in the copyright law that make registration strongly advisable. First, registration is a prerequisite to filing a lawsuit for copyright infringement. Second, you can only obtain statutory damages and attorney’s fees if the work was registered prior to the infringement taking place. How do you know when you’ll be infringed? You don’t, hence the incentive to register as copyright lawsuits are very expensive and statutory damages are often preferable to actual damages which may be either too modest to make a lawsuit practical or too difficult to measure.

The Copyright Office published a new schedule of fees that went into effect as of May 1, 2014. A basic online registration still costs $35.00. So far, so good, right? Unfortunately, that $35.00 fee applies only to: “single author, same claimant, one work, not for hire.” What if you’re a songwriter who wants to register a whole bunch of works? Or what if you’re a lyricist who collaborates with a composer? Or what if you create mixed media works or remix works? You used to be able to register most of these for that same $35.00 fee.  Now, unless you are the sole creator and copyright owner of a single work that online registration is now going to run you $55.00. That’s a pretty big jump.

The Copyright Office certainly has the right to raise fees from time to time and these increases are supposedly to account for the cost of providing the various services, such as registrations, recording transfers, searches, etc., that the office provides.  Fair enough, but I wonder if the Copyright Office simply applied these increases across the board. Or, did they consider keeping fees for registrations lower to help individuals and small businesses while more substantially raising other costs that typically apply only to litigants and big businesses, such as those listed under “Optional Services Related to Registration”? Just a thought…

Anyway, it’s now much more costly for creators to protect their rights.