Copyright Law
ELO's copyright practice offers comprehensive services to clients, to ensure the protection and enforcement of their intellectual property rights. Under the U.S. Copyright Act, registered copyright holders are granted exclusive rights to reproduce, distribute, perform, and display their creative works. Additionally, copyright ownership empowers individuals and businesses to adapt their material to various forms and formats while preventing unauthorized use by others.
It is essential for businesses to recognize the significance of compliance with the U.S. Copyright Act in their daily operations. Copyright law extends protection to a wide array of creative works, encompassing books, paintings, photography, films, videos, music, computer software, and architectural works. By understanding and adhering to copyright regulations, businesses can safeguard their own creative assets while respecting the intellectual property rights of others.
Additionally, it is worth noting that copyright protection is automatic upon the creation of a work fixed in a tangible medium of expression (17 U.S.C. § 102). However, registering copyrights with the U.S. Copyright Office offers additional benefits, including the ability to file infringement lawsuits and seek statutory damages and attorney's fees (17 U.S.C. §§ 411, 504). Therefore, consulting with legal professionals can assist businesses in maximizing the protection and value of their creative endeavors.
COPYRIGHT REGISTRATION
Under current copyright law, copyright protection is granted to original works of authorship from the moment they are created and fixed in a tangible medium (17 U.S.C. § 102). While registration is not a mandatory requirement for copyright protection, it offers numerous advantages and incentives for copyright owners:
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Firstly, registration establishes a public record of the basic facts of a copyright claim, providing clarity and documentation of the ownership and creation date of the work.
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Moreover, for works of U.S. origin, registration is a prerequisite before filing an infringement lawsuit in court.
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Furthermore, timely registration, typically within five years of publication, serves as prima facie evidence of the copyright's validity and the accuracy of information presented in the registration certificate. This presumption simplifies legal proceedings by placing the burden of proof on the defendant to demonstrate invalidity.
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Importantly, registration within three months of publication or prior to an infringement occurrence unlocks additional benefits for copyright owners. In such cases, statutory damages and attorney's fees become available in litigation, offering a more robust remedy compared to solely pursuing actual damages and profits.
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Additionally, copyright registration enables owners to record their rights with the U.S. Customs Service, providing essential protection against the importation of infringing copies, safeguarding against piracy and unauthorized distribution..
ELO has a wealth of experience on the advantages of copyright registration across various creative mediums, including literary, visual, musical works, sound recordings, computer programs, databases, vessel hulls, and mask works. Contact the office directly for additional guidance on expertly navigating the process of copyright registration!
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COPYRIGHT SEARCHES
ELO offers comprehensive copyright searches to assist clients in determining the status and ownership of copyrighted works, ensuring they navigate intellectual property landscapes confidently.
The search process involves thorough investigations to ascertain the current protection status of a work. This includes delving into publication history, authorship details, registration status, and any recorded assignments or related documents. ELO meticulously examines original registration records, renewal records, and various indexes covering assignments and other documents affecting copyright ownership. In cases involving litigation, a search may extend to scrutinize copyright deposit material and available correspondence with the U.S. Copyright Office. Understanding the intricacies of copyright law is paramount in conducting effective searches, including such relevant statutes as the Copyright Act of 1976, the Berne Convention Implementation Act of 1988, the Copyright Renewal Act of 1992, and the Sonny Bono Copyright Term Extension Act of 1998.
It is essential to note that the absence of registration does not automatically mean a lack of copyright protection. Various factors, including works entering the public domain or falling under non-protectable categories –i.e. titles, ideas, or government works– can negatively affect copyright status.
Additionally, while a work may be in the public domain in the United States, it may still be protected in other countries, highlighting the importance of understanding international copyright laws.
Furthermore, the duration of copyright protection varies depending on factors such as the creation date of the work. Generally, for works created on or after January 1, 1978, copyright protection extends for the life of the author plus 70 years after the author's death.
By conducting thorough copyright searches and staying up-to-date on evolving legal landscapes, ELO ensures clients have the insights they need to make informed decisions regarding their intellectual property assets – please don’t hesitate to reach out for a free consult today!
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COPYRIGHT LICENSING
A copyright license involves the granting of permission from a copyright owner –the licensor– to another party –the licensee– to copy, distribute, digitally transmit, publicly display or perform a protected work. Copyright licensing is an important element of most publishing agreements.
Furthermore, a copyright license may extend to granting the licensee the right to create derivative works. A derivative work is in itself a new and distinct work that is based on or derived from other existing works. For instance, the adaptation of a bestselling novel into a blockbuster movie often requires a copyright license to produce the derivative work –the movie– based on the original work –the novel.
Navigating copyright licensing requires careful consideration of various factors unique to such agreements. For instance, the terms of the license agreement should expressly outline the specific rights being granted under the copyright, such as distribution of existing copies and the creation of new copies.
ELO assists clients in the drafting and negotiation of copyright licensing agreements tailored to their specific needs and objectives. Whether you require guidance in preparing licensing agreements or navigating the intricacies of copyright law, feel free to contact ELO directly for further information or to schedule a consultation today!
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COPYRIGHT LITIGATION
ELO strives to provide comprehensive representation for both plaintiffs and defendants in copyright infringement matters, leveraging a deep understanding and insight into clients' needs.
In general, an infringer of copyright is liable for either: (1) the copyright owner’s actual damages and any additional profits of the infringer; or (2) statutory damages.
Actual damages refer to the losses suffered by the copyright owner due to the infringement, along with any profits earned by the infringer that can be attributed to the unlawful use of the copyrighted work. To establish the infringer's profits, the copyright owner is only required to demonstrate the infringer's gross revenue, while the infringer must prove deductible expenses and profits unrelated to the copyrighted work.
Alternatively, copyright owners have the option to pursue statutory damages instead of actual damages and profits. Prior to final judgment, a copyright owner may elect to seek statutory damages for all infringements involved in the action, with each infringer being individually liable. Statutory damages can range from $750 to $30,000 per work infringed, as deemed appropriate by the court.
In cases of willful infringement, the court may exercise discretion to increase the statutory damages to a maximum of $150,000.
Conversely, if the infringer can demonstrate that they were unaware and had no reason to believe their actions constituted copyright infringement, the court holds the discretion to reduce statutory damages to a minimum of $200.
ELO is dedicated to providing aggressive and strategic representation for clients, pursuing the critical element of financial compensation, as well as such remedies as preliminary injunctions and enforcement actions through U.S. Customs and other emergency relief channels when necessary. Conversely, in defending against infringement claims, ELO embraces the importance of fair use rights, ensuring that clients' interests are protected within the bounds of copyright law.
For further information or to schedule a consultation, please do not hesitate to contact ELO today!
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If you are seeking an intellectual property attorney, or if you are interested in trademark, copyright, or patent-related legal counsel, contact ELO to
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Legal Notice: Any information herein does not constitute legal advice or endorsement. All posts are for informational purposes only, as there are many factors and complexities that come into any legal matter, including patenting an idea. ELO always recommends you consult with a qualified attorney if you want legal advice for your particular situation.
No attorney-client or confidential relationship exists by simply reading and applying the information or steps stated in any article herein.
