Copyright Law Counseling - What services are provided by a copyright lawyer?
Copyright Lawyers - Why Should I Use One?
Copyright lawyers can assist with advice on the type of registration to pursue and can help answer examiner questions through the registration process. Choosing the proper medium to register under, as well as properly attributing authorship of a copyright can be confusing. And, many things aren’t copyrightable. A copyright lawyer can save time and money in the long run by helping the applicant ensure any needed assignments are secured and in place as well as to help file the copyright application properly from the beginning.
Additionally, if copyright infringement litigation is initiated, a copyright lawyer can help advise and ensure that your needs are met and that your rights are protected.
Lastly, copyright lawyers can help you in the speedy removal and takedown of infringing use of your copyrights online. With the proliferation of social media sharing, copyrighted content can spread virally with the click of a button. Copyright lawyers are well-versed in copyright laws and can speedily work towards the takedown of potentially infringing content.
Copyright Registration and Protection
Copyright is often thought of as a protection given to “creative” individuals (authors, musicians, photographers, artists, etc.). However, exclusive rights provided under copyright law can have tremendous value for businesses across nearly all industries. Our copyright attorneys assist with protecting unique works through copyright registration.
Many people do not understand the process of copyright registration. Simply using the © symbol does not mean that the copyright is registered. To be a registered copyright in the United States, you need to register your copyright with the United States Copyright Office.
Although copyright registration typically is a legal formality to make a public record of the copyrighted work, federal registration for works of a U.S. origin may be necessary to file a lawsuit in court for copyright infringement. Copyright prosecution and the ability to recover statutory damages and attorneys' fees will likely depend on the timing of registration. Additionally, copyright registration may allow the owner of a copyright to record the work with the U.S. Customs Service in order to protect against the importation or exportation of potentially infringing copies.
Benefits to Copyright Registration
There are many benefits to copyright registration. First, it provides a federal public record of the copyright holder’s claim. Second, it allows copyright owners to sue over copyright infringement in federal court. Within certain frameworks of time, copyright owners with proper registrations can seek statutory damages and attorney’s fees in federal court. Without registration, only actual damages and profits can be pursued. This is significant because generally, most plaintiffs find proving actual damages and profits for alleged infringement more difficult of a task. Copyrights that are properly registered can also be registered with United States Customs in order to deter the importation of copyright-infringing goods. These are just a few of the benefits of federal copyright protection.
Other Services Typically Provided by a Copyright Lawyer
In addition to copyright registration and protection, a copyright lawyer will often advise clients regarding the following issues:
You can find additional information in our Software Protection and Copyrights Overview page.
See our Legal FAQs page for the answers to more intellectual property law questions.