Formalities, Copyright

Refers to requirements for copyright protection, such a depository requirements or applying for a copyright. Copyright formalities are prohibited by the Berne Convention as a prerequisite for gaining those rights guaranteed under the convention, so that “Berne Rights” subsists from the moment expression is fixed. Nonetheless, in the United States carrying out certain formalities, known as copyright registration, can confer rights in litigation over and beyond those guaranteed by the Berne Convention, known as “non-Berne Rights,” such as statutory damages and attorneys’ fees. See Copyright Registration, Expedited Registration.