Enforcement is the only way for courts to recognize the shield of rights
Bracey 6, JD Candidate @ UGA Law expected 2007. (Mose, Fall 2006, “NOTE: SEARCHING FOR SUBSTANCE IN THE MIDST OF FORMALITY: COPYRIGHT REGISTRATION AS A CONDITION PRECEDENT TO THE EXERCISE OF SUBJECT-MATTER JURISDICTION BY FEDERAL COURTS OVER COPYRIGHT INFRINGEMENT CLAIMS”, 14 J. Intell. Prop. L. 111, 133-134. Lexis accessed online via KU libraries)
a. Section 408. A number of application-approach courts "rely on the language of [the second clause of] § 408, that registration is not a condition of [*134] copyright protection." 173 Implicitly, these courts appear to take "copyright protection" at its face value, 174 [[Footnote 174 begins]] Protection is defined as "[t]he condition of being protected." The American Heritage Dictionary 995 (2d College ed. 1991). Protect, in turn, is defined as "[t]o keep from harm, attack, or injury; guard." Id. [[Footnote 174 ends]] as they construe that term to encompass the ability to prevent injury to a copyright rather than to merely convey legal recognition of the validity of a copyright. 175 Since the only means, plausibly considered by issuance-approach courts, of preventing such injury would be judicial enforcement of a copyright, these courts must infer from § 408(a) that the issuance of a certificate of registration or a denial of the same is not needed in order for a court to be competent to enforce a party's copyright. 176