Copyrights

What is a Copyright?

A copyright protects a creator’s literary and artistic works. This can include books, music, paintings, sculptures, films, ads, maps, etc. However, protection extends only to the expressions of ideas, and not to ideas themselves.

Requirements to Qualify for a Copyright

Copyright protection is only available for authored works that meet two basic requirements

1. The work must be original
2. The work must be captured in a reasonably tangible form (something that can actually be copied).

Getting a Copyright

Unlike patents and trademarks, anyone who creates an original work automatically obtains a copyright in that work. Without having to register, a creator can take their own initiative to prevent anyone else from using or replicating the work. However, the owner can still register the work with the United States Copyright Office.

Benefits of Registration

Registering a copyright significantly helps the owner prove they actually have a copyright. This is extremely important when copyright infringement situations arise. Registration provides the presumption of ownership and switches any burden of proof to the other party. When damages, attorneys fees, and other costs are on the line; having a presumption of ownership in your copyright can make all the difference. Our attorneys recommend you register you copyright for this reason and we can assist you through the process.

Benefits of a Copyright:

A copyright grants several several exclusive and enforceable rights for the work. These rights include:

• Reproducing the work in copies
• Preparing subsequent derivatives based upon the original work.
• Distributing copies of the work to the public. This can be by sale or other transfer of ownership (rent or lease).
• Performing or presenting the work publicly (mainly for literary, musical, and audiovisual works).
• Displaying the work publicly (mainly for pictorial, graphic, and sculptural work works).
• Performing the work publicly by means of a digital audio transmission (radio/ streaming) if the work is a sound recording.

Length of a Protection

Current copyright laws applies to works that were created on or after January 1, 1978. Works that are covered under the current law will have a copyright term for the life of the individual creator plus seventy years after their death. If the work is a collaborative or joint work, the copyright term lasts for seventy years after the last surviving creator’s death. When it comes to works made for hire, whether that be anonymous, or pseudonymous works (think creations by or for a company), the copyright protection term is 95 years from the date of publication or 120 years from date creation, whichever ends sooner. When a copyright expires, the work enters what is known as the “public domain”. Works in the public domain are free for anyone to use for any purpose.

Biggest Limitations on Protection

First Sale Doctrine

The first sale doctrine is a codified United States law that provides a limitation to copyright protection. It states that someone who knowingly purchases a copy of a work from the copyright holder receives the right to re-sell, display or otherwise dispose of that particular copy. The protections of copyright law does not give the copyright owner any influence over the copy after it is sold. This restriction however, is limited to that particular copy only.

Fair Use

Fair use is another limitation on copyright protection that is often used in response to claims by a copyright owner that someone is infringing their copyright. Fair use permits one to use a copyrighted work without the copyright owner’s permission in certain situations. There is not concrete list of what constitute fair use but such situations can include use relating to criticism, comment, news reporting, teaching, scholarship, or research with or of the copyrighted work. When determining fair use, the law has four factors to consider

1. The purpose and character of the use. The biggest consideration being whether the use is for profit or not.
2. The nature of the copyrighted work. Think of a spectrum of creativity. The less creative and more factual the work is, the better the case of fair use.
3. How much of the work is being taken. This can depend on quantity or quality. Taking a lot of a work is the more obvious indicator or infringement, but situations arise when the most important part of the work (even if a small part overall) is used.
4. Impact on the use in the market. If the use harms or significantly hinders the copyright owner’s current or potential market for the work, then it will weigh against fair use

Services We Provide

• Copyright Registration
• Copyright Enforcement