Copyright2019-06-04T07:09:09+00:00

Copyright

We are proud to protect and enforce copyrights for our clients. We provide services to register copyrights, provide counseling and assistance to our clients in drafting agreements related to copyrights. We can provide services to authors and artists as well as companies and other organizations in the arts, entertainment and sports industry.

The origins of copyright law in the United States originate in the U.S. Constitution, which states that the purpose of copyright law is, “to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”

Modern copyright law is governed by the Copyright Act of 1976, which protects “original works of authorship,” fixed in a tangible medium. The law provides protections for literary, dramatic, musical, artistic, and certain other works. Copyright protection usually lasts for 70 years after the death of the author/creator, however there are some exceptions to this general rule. Copyright protection is available for both published and unpublished works.

When considering the use of copyright protection, it is important to note that copyright law protects the expression of an idea, but it does not protect the idea itself. The U.S. Supreme Court has held that some degree of creativity or originality is required to qualify for protection under copyright law. Additionally, there are several important limitations and exceptions to copyright protection. These limitations and exceptions are dependent on the particular circumstances. Accordingly, it is advisable to discuss particular matters further during a consultation with one of our attorneys.

What is protected under copyright law?

Copyright law protects creative works of expression, original works of authorship, dance, literature, art, dramatic works, artistic works (such as poetry, novels, movies, music, including both written and performances of songs and other compositions), computer software, and architecture, to name a few things.

Things are that not protected under copyright law include underlying concepts, ideas, facts, systems or methods of operation. titles, names, short phrases, slogans, and typographic fonts. Nonetheless, copyright laws may protect the way these things are expressed.

We can provide searches to ensure that your work is unique and does not infringe existing copyrights and then file the necessary paperwork to register your work with the US Copyright Office. We can guide you through every step of the process to ensure that your rights are as well protected as the law permits.

How does copyright protection different from patent or trademark protection?

Copyright law protects creative works of expression, original works of authorship, dance, literature, art, dramatic works, artistic works (such as poetry, novels, movies, music, including both written and performances of songs and other compositions), computer software, and architecture, to name a few things.
Things are that not protected under copyright law include underlying concepts, ideas, facts, systems or methods of operation. titles, names, short phrases, slogans, and typographic fonts. Nonetheless, copyright laws may protect the way these things are expressed.
We can provide searches to ensure that your work is unique and does not infringe existing copyrights and then file the necessary paperwork to register your work with the US Copyright Office. We can guide you through every step of the process to ensure that your rights are as well protected as the law permits.

When is my work protected?

Copyright protection is available from the moment a work is created and fixed in a tangible form, whether perceptible directly or with the aid of a machine or device.

Do I have to register with your office to be protected?

Generally speaking, registration is voluntary. Copyright exists from the moment the work is created, whether you register the work or not. However, you do have to register your work if you wish to bring a lawsuit for infringement of your copyright.

Why should I register my work if copyright protection is automatic?

We recommend registration of your copyrights for a number of reasons. One reason is to have the existence of your copyright on the public record and attain a certificate of registration. In addition, registered works may be eligible for statutory damages and attorney’s fees in successful litigation. Also, if your register within five years of publication, the registration is considered prima facie evidence of the existence of the copyright in a court of law.

What is the difference between registration and what is commonly called a “poor man’s copyright.”

The practice of sending a copy of your own work to yourself is sometimes called a “poor man’s copyright.” The copyright laws do not provide any mechanism for this type of protection. We counsel our clients that such practices are not considered a viable substitute for registration.

Is registration of a copyright in the U.S. good in other countries?

The United States has copyright relations with most countries throughout the world. As a result of agreements between the U.S. and other countries, the U.S. honors the copyrights of citizens of these countries and they in turn, honor the copyrights of U.S. citizens that register their copyrights. It should be noted that the United States

does not have such copyright relationships with every country. We can provide a list of countries and the nature of their copyright relations with the United States upon request.

What is copyright notice and how important is it?

At one time, a published work had to contain a valid copyright notice to receive protection under the copyright laws. This is no longer the case for works first published after March 1, 1989, which do not need to include a copyright notice to gain protection under the law. Nonetheless, it is still important to include a copyright notice for your works. The benefit of providing notice is that when a work contains a valid notice, an infringer cannot claim in court that he or she didn’t know it was copyrighted. This can make it easier to win a copyright infringement case and collect damages. Furthermore, simply having a copyright notice on your works serves to discourage infringement. Notice also provides an easier means by which someone can determine who owns the copyright and negotiate terms to attain your permission to use the work..

What is a valid copyright notice?

A copyright notice should contain the following four elements:
•the word “copyright”
•a “c” in a circle (©)
•the date of publication, and
•the name of either the author or the owner of all the copyright rights in the published work.
An example of a proper copyright notice for this work of authorship would be:
“Copyright © 2019 by Jaquez Land Greenhaus LLP”