Retroactive Copyright Registration Versions Original and Derived Works

Question

I want to register a software package with the US copyright office but it is not new. There are many versions. What versions should I register? Should I register the very first version as the original work and then select versions as derived works?

For example, let's say there are versions like:

1.0.0
1.0.1
1.0.2
...
1.0.88
1.1.0
1.1.1
...
1.1.46
2.0.0
2.0.1
...
2.0.26 (current)

and so on. Should I register 1.0.0 as the original work and the current version (2.0.26) as a derived work for a total of only two versions?

What if I want to file suit for infringement regarding 1.1.22? Is that version covered if I only register 1.0.0 and 2.0.26 in my example?

Note: I know this question was asked before to some extent but it was not actually answered.

Answer 1

You may register any version or set of versions you please. If all versions are clearly derived from the earliest, you might want to be sure to register that version, as any copying of a derivative version would also infringe the copyright on that one. It might also be wise to register whatever version you think is most likely to be the subject of any copying, probably the most popular or most widely distributed version.

I think that you can, however, register all existing versions as a set of related works for a single fee, and this might be the best way to go. In future you could register any new versions that include significant new aspects that you want to be sure are protected. The only downside to registering every version is the fees.

If a specific unregistered version is infringed later, you can always register that version after the fact, and claim statutory damages (perhaps) on the infringement of the base version.