Copyright registration: where it exists and where it does not

Automatic protection, uneven proof

Under the Berne Convention, copyright arises when a work is created, without formalities, in every member country. What differs is how you prove, years later, that you own the work and when it was made. Some countries run a registry that gives a dated public record; most do not, and ownership is proved from contracts and evidence.

Where a registry exists

The United States Copyright Office registers works and, for US authors, registration is a precondition to suing and to statutory damages; for everyone, it creates a presumption of validity. Canada's CIPO registers works and issues a certificate that is evidence of ownership. Japan's 文化庁 operates a registration system for specific purposes: real-name registration, first-publication date, creation date for computer programmes (through the designated body), and transfers. None of these registrations creates the right; each records a fact about it.

Where there is none

The United Kingdom, Singapore, Hong Kong, Taiwan, Australia, New Zealand and Malta have no copyright registry. Ownership is proved from the chain of title (employment contracts, contractor assignments, licences) and from dated evidence of the work's existence. Private timestamping services, hashed deposits and sworn statements fill the gap; the evidence pack LegalMatrix prepares uses all three.

The contractor problem

In every jurisdiction, the first owner of a work made by an employee in the course of employment is usually the employer, and the first owner of a work made by a contractor is usually the contractor. A product built by an agency or a freelancer therefore belongs to them unless an assignment says otherwise. Investors and buyers check this; founders discover it during due diligence. Fixing it later requires finding the contractor and paying for an assignment; fixing it at the start requires one clause.

Software deposits and trade secrets

Registration in the United States requires a deposit of the work. For source code, the office accepts redacted deposits so that trade secrets are not disclosed; the choice of what to deposit is a decision, not a formality. In Japan, programme registration is made through the designated registration body with its own deposit rules.

A practical rule

Register in the United States if the work will be sold or licensed there, because statutory damages and the right to sue depend on it. Register in Canada and Japan if the work's market or authors are there and a dated record is useful. Everywhere else, and in those countries too, keep the chain of title clean and the evidence dated. The copyright products on this site are built around that rule.