What is a ‘backdating’ of copyright?

Backdating of copyright is a process whereby a copyright registration is dated to a time prior to its actual registration. This is a legal concept that is used in art law, particularly in New York, as a way to ensure that the copyright of a work of art is protected. Backdating a copyright is done to ensure that if the work of art is sold or otherwise improperly copied before the copyright registration is made public, the original artist or creator of the work will be able to assert their rights. The idea is that by backdating the registration, the artist or creator will have a legal record that they created the work before anyone else had access to it. The process of backdating a copyright registration is usually done through a court judgment. This is where the artist or creator must present evidence that can show that they created the work prior to the date of the copyright registration. Evidence such as photographs, drafts, or notes from the artist or creator can be presented to the court to prove that the work was created earlier than the copyright registration. If the evidence presented is accepted by the court, the copyright registration will then be ‘backdated’ to the earlier date. This will give the artist or creator a legal record that they were the original creator of the work, ensuring that their rights to the work are protected.

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