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Old 27th May 2019
  #47
Lives for gear
 

Quote:
Originally Posted by Deleted cec0d5b View Post
Isn’t that the same problem with registering a copyright in the US though? Surely all it proves is that you were the first to register it.
From a strictly practical point of view, you’re quite right. And, as I said earlier, you don’t actually have to register your work in the US to hold the copyright - you’re just limited in what you can claim for infringement if you don’t.

I’m not even sure how the US got this derogation in the first place, as the convention explicitly states that registration should not be a requirement. Although it’s easy to follow the argument that, strictly speaking, registration still isn’t required (as such). You can just claim a lot more against infringers if you do register. It’s also possible that, at the time of signing up, the US Government just said “Hey, it’s the way we do it. Like it or lump it guys.” (The 800lb gorilla in the room and all that.)

As for why it works (or whether it works any better than anywhere else) it’s an open question. You can perhaps reason that, being a statutory system (of a sort) it is perceived as having more legal clout than the arrangements elsewhere and those involved are more likely to play by the rules. But really, it’s probably just another one of those things that only keeps working as long as people believe in it. Sort of like fractional reserve banking.