The National Law Review posted an article today, https://www.natlawreview.com/article/supreme-court-decision-impacts-copyright-registration
To a non-lawyer like me it looks like artists will no longer have automatic copyrights for our artwork. The interesting paragraph is this one, bold font is me:
The Fourth Estate decision joins several other incentives that encourage the prompt filing of copyright applications. In addition to other remedies, copyright law allows for “statutory damages” of up to $150,000 per work infringed upon, and also provides for the possibility of attorney fees being awarded to a prevailing party. However, these remedies are only available when an owner applies for registration either within 90 days of first publication of the work or before the infringement begins. If a copyright application for a published work is not filed until after the infringement begins, these statutory damages are unavailable, and attorney fees cannot be awarded.
If I’m correct, what does this do for all of the art that is posted online before this decision? If everything moving forward must be registered, what’s the cost to file? If we don’t file, is artwork just up for grabs for whoever takes it? I have no idea.