Copyrights
Get Credit For Your Work
Whether you know it or not, as soon as you “put it in writing” a creative work is protected by copyright law. But that doesn’t mean the rest of the world will know it’s your work or give you credit when credit is due. There are steps you can take to strengthen the protection the law affords.
As experienced copyright infringement attorneys, we can assist you with registering a copyright, properly using a copyright notice, or negotiating a license, and undertake litigation on your behalf if necessary.
What Is a Copyright?
A copyright is intended to promote creativity by protecting original works of literary, artistic, or graphic expressions, such as:
- Books
- Paintings
- Photographs
- Music/Records
- Plays/Movies
- Software
- Technical Drawings
- Blueprints/Architectural Works
A copyright protects against the copying of the specific form of expression found in the protected work, but does not protect the idea or concept that is the subject of the work. Protection of an idea, on the other hand, can be done with patents.
When to use copyright protection.
A work enjoys copyright protection as soon as it is fixed in a tangible medium, such as paper, canvas, or a digital medium such as a computer hard drive. It is prudent to provide notice by using the copyright © symbol as a method of informing others of an intent to exercise control over the production, distribution, display, and/or performance of the work.
Registration is not necessary to claim the protection of copyright law. However, registration is required before commencing a copyright infringement lawsuit, and early registration enhances the remedies available against an infringer and provides for certain evidentiary presumptions.
While the basic concept of copyright protection may appear relatively straightforward, various questions frequently arise. When you hire a person to create something for you, who owns the copyright in the resulting work? Where is the line between the concept or idea and the protected expression of that idea? How dissimilar do two works need to be in order to avoid infringing the copyright of another? An experienced intellectual property attorney can provide the answers to these questions and more.
Frequently Asked Questions
What does a copyright protect?
A copyright protects original works of authorship, such as literary, artistic, or musical expressions that are "fixed" in a tangible form. This includes things like books, photographs, songs, software code, and architectural designs. It's important to know that a copyright protects the specific expression, not the underlying idea or concept.
Do I need to register my copyright to be protected?
No, copyright protection is automatic as soon as a work is created and fixed in a tangible medium. However, registration is a crucial step for enforcing your rights. You must register your work with the U.S. Copyright Office before you can file a copyright infringement lawsuit. Early registration also offers stronger legal remedies and can make it easier to prove your case in court. A copyright attorney can assist you with the registration process.
How long does copyright infringement protection last?
Generally, for works created after January 1, 1978, copyright protection lasts for the life of the author plus 70 years. This duration can vary for works made for hire, anonymous works, and works published before this date. A copyright attorney can help you determine the specific duration for your work.
What should I do if my work is being used without my permission?
If you believe your copyrighted work has been infringed, it's essential to seek legal counsel immediately. A knowledgeable copyright infringement attorney can help you assess the situation, send a cease-and-desist letter to the infringer, and, if necessary, represent you in litigation to protect your intellectual property and recover damages.
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