Quote:
1. The LOC told me that once I register Unpublished Work(s), I don't have to re-register them once they are published, that they are still protected.


I didn’t hear your question and the LOC is not part of the Federal Court.

If establishing Authorship and date of creation, that is correct.

Otherwise, that advice couldn’t be more wrong. There must be a Published certificate before anyone can sue for damages. No exceptions. The US, UK and EU are the same in this regard.

Example: Somebody wrone a song and filed PA Unpublished. Famous folk singer friend records it in the 1960s—song is uncredited but her record company pays the mechanicals. Famous English band releases their version song. 1978 Law takes effect. Fourteen years later, the writer’s daughter hears song at party and says, “I didn’t know you knew any (band name here). Writer wants credit and back royalties—attorney find out there’s no Published certificate and won’t take case till it is filed. Writer files; attorney sues. Band countersues for Copyright violation. Court tells both sides to settle—which they do—but rules that no monies are due before the date of that certificate, even though Famous folk singer’s recording is now over 20 years old and that record company knew who the writer was. Writer takes this to the Court of Chancery and is told that UK is the same as the US: no royalties due before the Published date. Estimates are that writer was out about $18M.

Since this happened before the World Wide Web, almost no one is able to look this up but it was widely reported at the time. Anybody know the song, band, writer, folk singer? The band shouldn’t be too hard to guess.


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