It's not clear from that FAQ itself but if you read PDF (to which the link is broken, but here it is: http://www.copyright.gov/circs/circ01.pdf ), they make it pretty clear that the registration can occur after the infringement. However he'd only be able to get actual damages (not statutory damages or attorney's fees) unless it's been less than three months since the work was created.
I did a bit of research, and I believe that it's covered by 17 USC § 411(c). You can only sue for copyright infringement within 3 months of the work being "first transmitted" (which I assume also includes publication), and 48 hours after the work has been "transmitted".
Not sure if there is some other part of the U.S. Code that applies though.
>You can only sue for copyright infringement within 3 months of the work being "first transmitted" (which I assume also includes publication), and 48 hours after the work has been "transmitted".
I'm not a lawyer, but I don't think 411c applies in this case. That subsection refers to works whose transmission and fixation are simultaneous, which I believe is specific to live broadcasts and performances. I'm not entirely clear on how all of the timing language there is supposed to work, but I don't think any of it applies to webcomics anyway.
What would apply, however, is section 412 below that, which basically says what I outlined above; if you want to sue for anything beyond actual proved damages, you have to have registered either before the infringement, or within 3 months of creating the work.
Because it's wrong. The FAQ itself states that the benefits of registration are prima facie evidence and statutory damages. You can still litigate, you just need to provide alternate evidence and you don't get to claim statutory damages (you have to prove the damages you're claiming).
Perhaps you should reference title 17 of the U.S. Code. Section 411 deals with registration and civil infringement actions. Specifically 17 USC § 411 (a) says:
"Except for an action brought for a violation of the rights of the author under section 106A (a), and subject to the provisions of subsection (b), [1] no civil action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made in accordance with this title. "
As I stated above, I never said that Innman was going to sue. He has made it clear that he won't. However, I'm responding to the comment that "he has stuff on him", one of the examples being brought forward was "copyright infringement". As part of the conversation being had, I didn't see what I wrote as irrelevant, as the poster specifically talked about copyright infringement :-)
