Free-lance artists have to decide whether to register a work before trying to find a company to buy it for ultimate reproduction and sale. As discussed above, registration is unnecessary to have copyright, and, in any case, carefully selecting people with whom to do business is likely to be more cost-effective than copyright litigation.
Beyond this, some publishers have traditionally preferred that works not be registered prior to publication. Some reasons for this policy have been eliminated by changes in our law. For example, publishers will need no longer worry about separate notices on each story, cartoon or other free-lance contribution.
Other reasons, however, have not been eliminated, and some work to the advantage of submitters. For example, if a publisher transfers copyright back to contributors after publication and registration, one registration covers all. In any case, this and other policies of particular publishers should be explored in advance of making submissions.
Artist-entrepreneurs, although they reproduce and sell their own works, also need to decide whether to register them. While registration costs little, and copies may not have to be deposited, expenses can quickly mount up when each item is fairly inexpensive, runs are short and, for whatever reason, several items cannot be registered together (as discussed above). Because registration is needed only after infringement occurs and makes it possible to enjoin unauthorized use or to collect actual damages (for example, caused by lost sales), the question is whether the additional remedies afforded for prompt registration are, on balance, “worth it.”
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