Paul Jurcys (U California) has posted “Copyright Registration Requirement in the U.S.” on SSRN. Here is the abstract:
This entry, prepared for the Elgar Encyclopedia of Intellectual Property Law (2026), provides an overview of copyright registration requirements in the United States. It explains that, unlike patents or trademarks, copyright protection in the U.S. arises automatically upon the creation of an original work fixed in a tangible medium. Registration with the U.S. Copyright Office is therefore optional for obtaining protection but essential for enforcement and evidentiary purposes. The entry traces the historical evolution of copyright formalities—from the 1790 Act’s mandatory filings to the modern system under the 1976 Act—and outlines the procedures, functions, and benefits of registration, including access to statutory damages, attorney’s fees, and prima facie evidence of ownership. It concludes with ongoing debates on formalities, modernization, and AI-related challenges.