COPYRIGHTS

COPYRIGHT PACKAGE

“Copyright” is a legal term used to allow a creator the right retain ownership and receive credit for their written work. Copyright law allows a creator to obtain a copyright for their written work and determines if the specific idea may be adapted to other forms. Copyright law also determines who may reap financial benefits from the creation. Initially, copyright was a governmental restriction to control printing while giving authors the advantage to profit from their creations. Now, copyright law protects the creative work for creators.

Copyright Registration

Many individuals choose to obtain copyright protection prior to marketing creations such as: transcripts, computer software, songs or other creative expressions. Copyright attorneys at Winter LLP specialize in copyright protection and are equipped to complete any copyright task. Whether the creation is expressed in visual art, sound recordings, literary work or web design, our copyright attorneys ensure expert registration services for the exclusive copyrights of our clients.

Copyright Advantages

Individuals who are in the field of creative art are required to submit a copyright application in three-month intervals to maintain and preserve their rights for any newly created expressions. For instance, if updates are performed on text or graphics within a web-page, attorneys highly advise the submission of a copyright application for derivative work within three months of the update. If copyright applications are not submitted on the newly updated material, individuals may lose their statutory rights to protect that particular portion of their creative material.

Statutory Damage Rights

Monetary damages, injunctive relief, costs, punitive damages, and attorney fees may be awarded to those individuals who may can show willful and intentional infringement of copyright by another party. Legal claims may not be filed prior to the opposing party filing a copyright registration to prove the ownership of the disputed material. (Delete highlighted portion? Isn’t there common law copyright?)

Maintain and Control Creative Expressions If a certain individual copies and passes off the work of another, it becomes the responsibility of the original creator to show proof that they were the first to create the work. A simple way to protect the rights of original creations is to properly register the creative ideas with the “Copyright Office of the Library of Congress.” Upon registration, the rights of an original expression become protected. Registrable copyrights include: original expressions, expression copies, original work updates, copy distribution rights, public performance rights for dramas, musicals, choreography, movie production and digital sound transmissions. A copyright application must be submitted prior to the sale, lease, or public display of the creation within a three-month time frame from the original publication.

Copyright Lawyer Services

Winter LLP copyright attorneys offer the best protection advice for creative expressionists while reviewing and obtaining the necessary documents prior to the submission of copyright applications. Our attorneys are also equipped to review and prepare licensing agreements, marketing agreements, retainers, and other detailed contracts relating to the copyrighted work. Copyright laws in the United States protect only within the United States, whereas “international copyright” protects authors worldwide. Copyright attorneys at Winter LLP provide valuable advice to ensure the proper market choice for their clients.

COPYRIGHT FAQ’s

What is a Copyright

A copyright is similar to a patent in that it protects work done by one individual from having another individual use or enjoy that work without the authorization of the originator. The law covering copyright protection in the United States is found in Title 17 of the U.S. Code. Protection is accorded to literary, artistic, dramatic, or musical works regardless of whether the work has been published or not.

Among the rights limited to the individual holding the copyright are:

Reproduce – Only the owner may make copies
Distribute – Only the owner may make and distribute copies regardless of whether the distribution is for financial gain.
Perform/Display – To read (aloud), act, play (musical instrument), sing, use a choreographic routine, or replay, as in an audio or visual means, is reserved for the owner.
Derive – Only the owner may prepare work derived from the original. As an example, a sequel or prequel to a book cannot be taken up without the permission of the copyright holder.
A section of the 1976 Copyright Act (106A), allots copyrights to some authors of visual art that include the rights of integrity and attribution.

Transfer of Copyright Rights

Although copyright protection originally belongs to the creator of a piece of art, music or writing and begins as soon as the work has achieved a physical form it can be transferred. The originator of the work can transfer his or her rights by selling, leasing or donating those rights. Copyright law can be complicated. For that reason, if a copyright represents a large sum of money or has the potential to do so, a copyright lawyer should be consulted.

It is important to note that simply buying a copyrighted article or coming into possession of it in some other manner does not convey the copyright of that work. The copyright itself must be transferred in order for it to change hands. Reassigning copyrights to another must be done in writing with the owner’s or his duly authorized agent signature.

Copyrights do not Belong to Creator

In circumstances where the creator of a piece of art, literature, or music does their creating in their capacity as an employee, the situation is different with regard to the ownership of the work. In such cases, the employer owns the work and not the one who created it.

If the work is a group effort by individuals, who are working on their own behalf, the ownership of the work is shared among them. This is another situation where consulting with a copyright lawyer is very important. Because copyright ownership may represent large sums of money the owners need to be aware of their rights.

Why Register a Copyright

A copyright provides legal protection for the person or people that create works in a variety of different formats including novels, movies, songs and computer software. The protection begins when the work is completed and in its fixed and final form. Copyright is granted automatically when you create your work with limitations. Even though you are not required to register a copyright it is a wise decision to do so for additional rights and protection.

Your copyright also becomes public record after you register it. When you register you’ll also be given a certificate that states you’ve registered the copyright. Another reason to consider registering your copyright is because you cannot start a lawsuit for copyright infringement if you are not registered with the copyright office. If it does become necessary to take a case to court for copyright infringement, you will be able to file a claim for statutory damages such as the fees for an attorney and the court costs along with the compensatory damages that occurred as a result of the infringement.

If you do end up seeking the advice of a copyright lawyer due to someone infringing on your work, you’ll be able to use any works that were created within the past five years as a type of Prima Facie Evidence. Copyright can also be an international issue. By registering with the copyright office, you will be protected by U.S. customs to avoid copyright violation on an international level. The United States has copyright standards with most of the other countries in the world and, as a result, each country obeys the copyrights of citizens. However, this does not apply to every country in the world.

Since it is so easy to register a copyright there is no reason not to protect your works, regardless of type, from infringement by not registering. The process does not cost a lot of money and is relatively quick and simple to complete. The majority of works can be registered right from your home computer on the Internet so you don’t even need to make a special trip out of the house. You will be glad that you took the time and invested a small fee into protecting your works.

File A Copyright

“Copyright” is a legal term used to allow a creator the right retain ownership and receive credit for their written work. Copyright law allows a creator to obtain a copyright for their written work and determines if the specific idea may be adapted to other forms. Copyright law also determines who may reap financial benefits from the creation. Initially, copyright was a governmental restriction to control printing while giving authors the advantage to profit from their creations. Now, copyright law protects the creative work for creators.

FILE A COPYRIGHT

COPYRIGHTS

COPYRIGHTS

COPYRIGHT PACKAGE

File A Copyright

Any questions? Feel free to contact us at