> Title 17 U. S. C. §411(a) states that “no civil action for infringement of the copyright in any United States work shall be instituted until ... registration of the copyright claim has been made in accordance with this title.”
> ... however, a copyright owner can recover for infringement that occurred both before and after registration
Far more then that, it's an absolute show-stopper for any potential lawsuits, as it's really unlikely any potential litigant will be able to prove that even a large majority of the images have been registered, and thus eligible for a lawsuit.
Well, with the registration issue. They still have to prove us of an exclusive right and overcome any argument that the other side puts up that the use involved fell under fair use, but they'll have dealt with the threshold issue of “are we allowed to sue over the works we are alleging were used".
Based on what legal reasoning?
> registered before one can sue for infringement.
It's a little unclear quite what it means for a work to be protected if you don't actually have any recourse when infringement occurs.