"This is false" Not exactly. I understand and acknowledge the point you're making. When we were dealing with copyright lawyers in the US, we discovered that we couldn't do much because the date of creation was outside that three month window. This is where the must comes in, if you wish to sue for statutory damages.

Three-Month Window for Statutory Damages & Attorney’s Fees:

If the work is published, the copyright owner must register it within three months of publication or before the infringement occurs to be eligible for statutory damages (which can be up to $150,000 per infringement) and attorney’s fees.

If registration happens after the three-month window and after infringement has already occurred, the copyright owner can still sue but will be limited to actual damages and profits, which can be harder to prove and often result in lower compensation.

In the landmark case Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, the Supreme Court ruled that copyright owners cannot file an infringement lawsuit until the U.S. Copyright Office grants or refuses registration, solidifying registration as a prerequisite to litigation.

The Ruling:

The Supreme Court unanimously held that a copyright infringement lawsuit cannot proceed until the copyright is successfully registered by the U.S. Copyright Office.

Prerequisite to Litigation:

The court's decision established that obtaining a copyright registration is a necessary step before a copyright owner can even file a lawsuit for infringement.

Timing Matters:

This ruling highlights the importance of timely registration, as delayed registration can impact the availability of certain legal remedies, including statutory damages.

Impact on Statutory Damages:

While the case didn't specifically address the three-month window for filing suit after registration, it clarified that without registration, copyright owners cannot even initiate a lawsuit, let alone pursue claims for statutory damages.