How Recording Your Copyrights with U.S. and Foreign Customs Can Help Stop Piracy at the Border

The availability of pirated and counterfeit products are growing at record paces across the globe. In 2024 alone, U.S. Customs and Border Protection (CBP) seized nearly $5 billion worth of counterfeit luxury, fashion, and footwear products coming into the United States. From pirated software to copied packaging designs, fake goods threaten legitimate businesses and creators in every industry.

Litigation after a copyright violation may help recover damages, but it often comes too late—by then, pirated goods have already flooded the market and reached unsuspecting customers. Recording copyrights with U.S. and foreign customs adds a critical layer of protection, empowering enforcement agencies to intercept infringing goods before they cross the border and damage your brand.

This overview explains how recording copyright with U.S. Customs works, what it covers, and why it’s one of the most effective ways to protect your creative assets globally.

What Is Copyright Customs Recordation?

Copyright recordation is a formal process that allows you to list your federally registered works with the CBP. Once recorded, CBP officers can identify, detain, and seize pirated or counterfeit copies during border inspections.

To better understand how this works, let’s take a look at the difference between copyright registration and customs recordation: 

• Copyright registration protects your work under U.S. law and gives you legal standing in court.
• Copyright recordation extends that protection to the border, empowering customs officers to enforce it in real time.

 To qualify for recordation, your work must already be registered with the U.S. Copyright Office. Once registered, you can submit an application to the CBP through the Intellectual Property Rights (IPR) e-Recordation System.

How U.S. Customs and Border Protection (CBP) Enforces Copyrights

When you complete copyright recordation with U.S. Customs, the agency begins active monitoring at ports of entry. CBP officers inspect shipments, review documentation, and screen products using advanced targeting systems.

Here’s how enforcement works in practice: 

• Border inspections and screenings: Officers compare imported goods against recorded materials to detect potential piracy.
• Seizure authority: CBP can detain, seize, and destroy infringing copies.
• Penalties for importers: Importers of counterfeit goods face fines, forfeiture, and potential criminal charges.
• Verification with rights holders: CBP often contacts the copyright owner or legal representative to confirm authenticity. 

This system operates continuously, giving businesses constant surveillance at U.S. borders.

Benefits of Copyright Recordation with U.S. Customs

Recording copyright with U.S. Customs provides you with a level of protection that standard registration cannot match. This includes:  

1. Blocking Counterfeit Imports: Customs can stop pirated products before they enter the U.S. marketplace. Every year, the U.S. loses between $29.2 billion and $71 billion to digital video piracy alone. Copyright registration is one effective way to prevent or reduce these losses.  
2. Cost-Effective Prevention: Copyright recordation with U.S. Customs is far less expensive than litigation or post-sale enforcement. Litigation is not just expensive—it’s also time-consuming, tying up your much-needed resources in the legal process.  
3. Nationwide Coverage: CBP operates across all air, land, and sea ports 24×7. Whichever way counterfeit materials are likely to enter, CBP can prevent them from reaching the market.  
4. Better Visibility: Your work is added to the CBP’s internal IPR enforcement database, making it easier for officers to recognize and act. 
5. Training Support: You can supply CBP with product guides, images, and identifiers to help officers spot counterfeit versions quickly.

For companies that distribute physical or digital media, such as software, film, music, or e-books, this adds a crucial layer of security between production and retail.

What Businesses Can Record

You can protect almost any creative work through copyright recordation with U.S. Customs as long as it’s already federally registered. Common categories include: 

• Software, games, and mobile applications
• Films, music, and books
• Product packaging, advertising, and artwork
• Logos, labels, and brand graphics
• Product manuals and digital design files

Industries that benefit most include fashion, consumer electronics, publishing, toys, and beauty. For example, a cosmetics brand with distinctive packaging can record its product images and designs to stop counterfeit shipments before they reach online marketplaces.

How to Record Copyrights with U.S. Customs

Recording your copyright is a straightforward process once your work is registered.

Step 1: Register your copyright with the U.S. Copyright Office. Remember, only registered works are eligible for copyright recordation with U.S. Customs.

Step 2: Apply through the CBP Intellectual Property Rights e-Recordation System. This online platform allows you to upload information about your copyrighted materials.

Step 3: Provide product identifiers. Include high-resolution photos, descriptions, serial numbers, and distinguishing details that can help customs officers identify legitimate goods.

Step 4: Pay the recordation fee. The CBP charges a modest fee per recordation. It remains active for the duration of your copyright protection.

Step 5: Keep your information updated. Provide training materials and product updates regularly so CBP can stay informed.

Completing this process creates an active partnership between your business and customs authorities, forming a first line of defense against piracy.

Going Global: Recording Copyrights with Foreign Customs

If your brand manufactures, sells, or licenses overseas, recording copyrights with foreign customs is equally important. Piracy often starts in countries where counterfeiters produce goods for export, making international recordation a powerful global strategy. 

Countries such as the United Kingdom, Canada, Mexico, Japan, and the European Union have customs systems that allow copyright owners to register their works for border enforcement. 

Several international treaties support these measures: 

• TRIPS (Trade-Related Aspects of Intellectual Property Rights) sets global standards for IP enforcement.
• USMCA (United States-Mexico-Canada Agreement) strengthens cooperation on IP protection across North America. 

Working with seasoned counsel who are experts in copyright law, local legal teams, and customs officials can streamline the recordation process across jurisdictions. 

What Happens When Customs Identifies Suspected Counterfeits

When CBP suspects an imported shipment violates a recorded copyright, it immediately detains the goods. The process typically goes like this: 

• CBP holds the shipment for investigation.
• The rights holder (you) is notified promptly.
• You or your legal team confirms whether the goods are legitimate.
• If confirmed as counterfeit, the goods are seized and destroyed, and penalties may follow for the importer. 

This collaboration between businesses and the U.S. Customs accelerates enforcement and prevents infringing products from reaching distributors or consumers.

Best Practices to Maximize Border Protection

Effective copyright recordation with U.S. Customs goes beyond filing paperwork. To keep protection strong, you need to stay active after recordation. Ongoing communication, training, and regular updates help customs officers recognize your products quickly and act when piracy occurs. 

Here’s what you need to do:  

• Keep your product listings, photos, and identifiers updated.
• Provide customs officers with counterfeit detection guides.
• Monitor your enforcement activity using CBP’s IPR reporting tools.
• Record both copyrights and trademarks for dual protection.

Common Mistakes to Avoid

While copyright recordation with U.S. Customs is an effective process, some businesses lose protection opportunities because of timing or incomplete data.  

Avoid these common missteps: 

• Delaying recordation after registration.
• Omitting new product variations from your records.
• Failing to respond quickly to customs inquiries.
• Assuming one recordation covers global protection (but it does not).

Strengthen Your Global Copyright Enforcement Strategy: Let’s Work Together 

Border enforcement is one of the most practical anti-piracy tools available today. Litigation alone reacts after harm occurs, while copyright recordation with U.S. Customs stops piracy before it begins.  

Whether you sell physical goods, digital media, or branded packaging, you should make recordation a part of your core IP strategy. When combined with foreign customs recordation, it creates a global network of protection that helps secure both your revenue and reputation.

At Ludwig APC, our team can advise you on copyright recordation with U.S. Customs and international filings. Contact us today or call 619.929.0873 or email us at consultation@ludwigiplaw.com to arrange a free consultation to discuss your needs.