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He can of course register, it only takes a few minutes, then file suit. You have to
register before filing suit, but you do NOT have to register before the infringement occurs.
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It actually takes about 8 weeks to get back a registration from the US Copyright Office. The quickest way is to do it online. And you cannot file a copyright infringement lawsuit in federal court without the registration. If it isnt registered before the infringement your damages are limited to actual. You do not get statutory damages.