Is There an Actual Need of Registration? Reflections on Free Formality Principle

Abstract

Free Formality Principle, as a fundamental principle of Berne Convention, since its introduction has been a commodity for the protection of the works of the Union, and same time a strong obstacle for other countries to join the Convention, because of their strict and mandatory registration system. In consideration of changes, digitalization, and all different possibilities of creating, sharing and infringing works, this paper aims to highlight the need of registration of the works. By comparing and analyzing the domestic laws of two countries: Albania and U.S., both part of Berne Convention, the paper will precisely point out the differences not only in their ways of requiring registration of the works, but also in the specific effects they create. The paper will put forth some of the benefits of copyright registration and will try to explain that encouraging registration is actually not a burden, but an opportunity to provide a “healthy situation” with mutual benefits, both for copyright holders and public interest. The paper suggests introducing incentives to the registration system, which can preserve FFP, but also can make copyright holders feel interested to register their works.