Originally Posted by AR_Six
I'm pretty sure that you don't actually have to register the copyright in order to sue on it. That said this is a pretty academic question, why would anyone ever pursue something like this in the legal arena.
The Copyright Act Â§411(a) states:
(a) 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),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
. In any case, however, where the deposit, application, and fee required for registration have been delivered to the Copyright Office in proper form and registration has been refused, the applicant is entitled to institute a civil action for infringement if notice thereof, with a copy of the complaint, is served on the Register of Copyrights. The Register may, at his or her option, become a party to the action with respect to the issue of registrability of the copyright claim by entering an appearance within sixty days after such service, but the Register's failure to become a party shall not deprive the court of jurisdiction to determine that issue.
Moreover, Â§412 requires registration as a prerequisite to certain remedies, i.e. statutory damages and attorneys fees.