Title 17 — CopyrightsRelease 119-73

§1505 Registration requirement

Title 17 › Chapter CHAPTER 15— - COPYRIGHT SMALL CLAIMS › § 1505

Last updated Apr 6, 2026|Official source

Summary

You cannot bring a copyright-infringement claim or counterclaim to the Copyright Claims Board unless the copyright owner first files a complete registration application with the Copyright Office, including the required deposit and fee, and a registration certificate has either been issued or the Office has not refused registration. If those steps are met, a claimant can seek actual damages and profits or statutory damages. The Board cannot decide the case until the registration certificate is issued, sent to the Board, and shown to the other parties, who get a chance to respond. If registration is still pending the case is put on hold. If on hold more than 1 year, the Board may give written notice, allow 30 days to reply, then dismiss the case without prejudice (it can be filed again). If the Office refuses registration, the case is dismissed without prejudice. If registration was issued within 5 years after first publication, the legal presumption in section 410(c) applies. The Register of Copyrights must create rules for fast decisions on registration for works in Board cases.

Full Legal Text

Title 17, §1505

Copyrights — Source: USLM XML via OLRC

(a)A claim or counterclaim alleging infringement of an exclusive right in a copyrighted work may not be asserted before the Copyright Claims Board unless—

(1)the legal or beneficial owner of the copyright has first delivered a completed application, a deposit, and the required fee for registration of the copyright to the Copyright Office; and

(2)a registration certificate has either been issued or has not been refused.

(b)Notwithstanding any other provision of law, a claimant or counterclaimant in a proceeding before the Copyright Claims Board shall be eligible to recover actual damages and profits or statutory damages under this chapter for infringement of a work if the requirements of subsection (a) have been met, except that—

(1)the Copyright Claims Board may not render a determination in the proceeding until—

(A)a registration certificate with respect to the work has been issued by the Copyright Office, submitted to the Copyright Claims Board, and made available to the other parties to the proceeding; and

(B)the other parties to the proceeding have been provided an opportunity to address the registration certificate;

(2)if the proceeding may not proceed further because a registration certificate for the work is pending, the proceeding shall be held in abeyance pending submission of the certificate to the Copyright Claims Board, except that, if the proceeding is held in abeyance for more than 1 year, the Copyright Claims Board may, upon providing written notice to the parties to the proceeding, and 30 days to the parties to respond to the notice, dismiss the proceeding without prejudice; and

(3)if the Copyright Claims Board receives notice that registration with respect to the work has been refused, the proceeding shall be dismissed without prejudice.

(c)In a case in which a registration certificate shows that registration with respect to a work was issued not later than 5 years after the date of the first publication of the work, the presumption under section 410(c) shall apply in a proceeding before the Copyright Claims Board, in addition to relevant principles of law under this title.

(d)In order to ensure that actions before the Copyright Claims Board proceed in a timely manner, the Register of Copyrights shall establish regulations allowing the Copyright Office to make a decision, on an expedited basis, to issue or deny copyright registration for an unregistered work that is at issue before the Board.

Reference

Citations & Metadata

Citation

17 U.S.C. § 1505

Title 17 — Copyrights

Last Updated

Apr 6, 2026

Release point: 119-73