Copyright Law
Copyright
What is a Copyright?
A copyright is an exclusive right in the copyright owner to reproduce the work in copies, prepare derivative works based upon the work, distribute copies, and perform and display the work publicly.
Protect Your Original Work.
A copyright protects authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. A copyright also protects original works of authorship in two-dimensional creative works such as advertisements, commercial prints, labels, stationary, greeting cards, artwork, cartoons, architectural and technical drawings, computer programs, website content, and weaving and fabric designs.
A copyright also protects original works of authorship in three-dimensional works such as jewelry and belt buckle designs, artificial flowers and plants, stained glass, relief and intaglio prints, sculpture, models, games, and puzzles.
Copyright law typically does not protect names, titles, short phrases or slogans, though there may be some very limited exceptions.
Take Advantage of Copyright Registration.
Copyrights are established as soon as the author fixes an original work in tangible form such as an image on paper, film, computer, or any other tangible material.
However, certain legal advantages of copyright can be obtained only by timely filing of a copyright application with the United States Copyright Office.
By registering the copyright, the author secures a Certificate of Registration which allows the author to sue for copyright infringement in federal court. No suit for infringement of a copyright can proceed prior to obtaining the Certificate of Registration.
Be Timely and Protected.
Copyright registration within three months of first publication or before infringement occurs makes it much easier to sue and recover money from an individual or entity that infringes on your copyright. Timely registration creates a legal presumption that your copyright is valid and may allow you to recover up to $150,000 (and possibly lawyer fees) without having to prove any actual monetary harm.
Registration of the copyright within five years of first publication is evidence of validity of the copyright and of the facts stated in the Certificate.
Registration of the registered copyright with the United States Customs Service enables the Customs Service to prevent the importation of goods that infringe on your copyrights.
Cheryl L. Anderson
Specializing in Copyright Law
Frequently Asked Questions
A trademark is a brand or source-identifier for the goods and services of the mark owner. It is a word, logo, slogan, package design, or other source-indicator that enables consumers to identify the trademark owner's products and services so that they can obtain them in the marketplace. A copyright is an exclusive legal right that protects original works of authorship that gives the creator or owner of the work exclusive rights to reproduce, distribute, create derivative works, publicly display, and publicly perform the work. It applies to things such as artwork, books, songs, plays, movies, software, and architectural designs.
It would be best to contact a copyright attorney to assess what is being infringed and whether the use being made appears to be actionable, to assist you in registering the copyright in your work if it is not already registered, and to prepare communications to the party using the work to request remedial action on their part.
On average, a copyright registration can be obtained in approximately 2-4 months, but this can vary depending on the work being registered, the deposit material that is submitted, completeness of the application, and whether any issues are raised by the examiner, which may cause the time to obtain registration to be longer.
Yes, the copyright in a work can be transferred (assigned) or licensed to someone else. An assignment needs to be done in writing and a license is best done in writing as well. The work being assigned or licensed should be clearly identified in the assignment or license to avoid any confusion or doubt.
A published work is one in which copies of the work have been distributed to the public by sale, transfer of ownership, rental, leasing, or lending. Offering to distribute copies of a work to a group of persons for purposes of further distribution, public performance, or public display constitutes publication. An unpublished work is one that has not been distributed to the public or offered to a group of persons for further distribution, performance or display.
Works that are published in the United States are subject to mandatory deposit in the Library of Congress, whereas unpublished works generally are not.
For specific types of works, such as works made for hire or anonymous/pseudonymous works, the year of publication can directly determine the duration of the copyright protection.
A certificate of registration creates certain legal presumptions about the copyright's validity if it's registered before or within five years of the work's publication.
A copyright owner may only be eligible for statutory damages and attorney's fees in an infringement suit if they registered the work before infringement occurred or within three months after publication.
Areas of Practice
What You Should Know
- CR MILES’s® experienced copyright attorneys assist authors by identifying original works of authorship that can be registered with the United States Copyright Office.
- CR MILES® prepares, files and prosecutes copyright applications that meet all statutory requirements of United States law and the rules of the United States Copyright Office.
- CR MILES® coordinates copyrights in original works of authorship with patent and trademark rights.
- CR MILES® assists authors in obtaining meaningful copyright rights enforceable against infringers.
- CR MILES® experienced trademark attorneys can guide you in determining whether there is greater commercial value in trademarking or copyrighting a name or a logo.
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