Fifth Circuit says no Statutory Damages unless Copyright first registered

The US Court of Appeals for the Fifth Circuit has ruled that statutory damages are not available unless the copyright was registered prior to the infringement.  The court in Southern Credentialing Support v. Hammond Surgical Hospital LLC et al, case number 18-31160, January 9, 2020, held that even if a different type of infringement occurred after registration, that if the infringement started prior to registration, no statutory damages were available.  The case can be read here.

The moral to this story is that if you want statutory damages, which can be up to $150,000 per infringement, you must register your copyright early, and at a minimum before the infringement begins.