Congress enacted the first federal copyright law in May 1790, and the first work was registered within two weeks. In 1897, the Copyright Office became a separate department of the Library of Congress and since then the Copyright Office has registered more than 30,000,000 claims to copyright and mask works, providing more than 126 million deposits (including books, serials, motion pictures, music, sound recordings, maps, prints, pictures, and computer works) to the Library of Congress.
Read MoreCopyright 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.
Read MoreThe following are potential defenses to a copyright infringement claim:
Fair use
Independent creation
Innocence (not a defense to liability but reduces damages)
License
Authorization
Copyright misuse
Limitations
Invalid copyright
Lack of originality/scenes a faire
Common source/no infringement
Joint ownership
Lack of ownership
Unclean hands
Estoppel
Failure to register
Waiver
Abandonment
Read MoreCopyright infringement damages are the monetary rewards available to copyright owners whose protected work is used in an unauthorized manner. These damages include (1) actual damages and any additional profits of the infringer, or (2) statutory damages. Additional damages may be available in cases of willful infringement, and, where a work is registered, attorneys’ fees may be included. For more information, see our blog post, What are copyright infringement damages?
Read MoreA copyright protects an original work created by an author that has been fixed into some tangible form. Common examples include books, plays, songs, paintings, etc. Importantly, it is not the creative idea itself that a copyright protects, but rather, the tangible form in which the idea has been fixed. Further, the concept of originality is not absolute, as parodies and satire are protectable works as well. For more information about copyright protection, see our blog post, What Does A Copyright Protect?
Read MoreA copyright is a form of intellectual property that gives the creator of an original work the exclusive right to copy, distribute, adapt, display, and perform a creative work. Copyrights are automatically created when someone creates an original work of authorship that is fixed in a tangible form, thus, the idea itself is not copyrightable. For more information, see our blog post, What is a copyright?
Read MoreIn order to register a copyright for original content, you must complete three steps: (1) complete an application providing information such as the title, author, and date of creation; (2) pay the fee associated with registration (typically via credit/debit card or ACH transfer via Pay.gov); and (3) submit your work to the Copyright Office. You can complete these steps yourself through the registration portal of the United States Copyright Office at https://www.copyright.gov/registration/ or contact your intellectual property counsel for assistance in preparing and filing the application.
Read MoreA cease and desist letter is an informal means of enforcement used by the owner of certain intellectual property to notify an unrelated third-party that they have use of the same or similar IP that infringes upon the owner’s rights and allows that third party an opportunity to “cease and desist” all such infringement right away, in an effort to avoid more formal, and costly, enforcement tactics.
Read MoreThe first step in protecting valuable intellectual property rights is to ensure you do, in fact, own such rights. Since patent, copyright, trademark and trade secret rights arise differently, you should first ensure that your use is enforceable against what you have identified as an infringing use. The next step is to determine what options are available to you and which of those options are within your budget and appetite for conflict. Enforcing IP rights can take many forms, ranging from cease and desist letters, to UDRP proceedings or arbitration, proceedings with the Trademark Trial and Appeal Board, or federal lawsuits.
Read MoreLicensing Agreements, particularly in the context of intellectual property, are written, legal contracts between two parties wherein the owner of the IP at issue gives permission to another party to use the IP. The agreement, between the licensor (the IP owner) and the licensee (the permitted party) should set forth the specific terms of the agreement between the parties, including the specific IP at issue, whether the license is exclusive or non-exclusive, terms of use, term of the agreement, what rights are retained by the licensor, and other key terms.
Read MoreThe transfer or sell of IP rights generally occurs through a written assignment of ownership rights from the owner to another party. An assignment is a complete transfer of all ownership in and rights to the IP included in the assignment. A license, on the other hand, is a written agreement allowing a third party to use certain IP for a stated term and does not transfer ownership of the IP.
Read More“Work for hire” means that one party has expressly hired another to create original content that the parties intend will belong to the person doing the hiring. This type of agreement is valid only as to certain types of works, as specific in the Copyright Act.
Read MoreSection 107 of the Copyright Act “the fair use of a copyrighted work … for purposes such as criticism, comment, news reporting, teaching … scholarship, or research, is not an infringement of copyright.” 17 U.S.C. § 107. The question of fair use has been described as “the most troublesome in the whole law of copyright,” and while no definition of “fair use” has been coined that is workable in every case, the U.S. Supreme Court has noted that fair use is “traditionally defined” as “a privilege in others than the owner of the copyright to use the copyrighted material in a reasonable manner without his consent.” The analysis is a mixed question of both fact and law and requires a case-by-case analysis to determine whether the use at issue is “fair use.”
Read MoreThe protection of software most often involves copyrights, as the two go hand-in-hand. Since the greatest protections are afforded to federally registered copyrights, the most important steps in protecting your software are confirming ownership of the software and registering with the U.S. Copyright Office. Similarly, some software may be subject to patent protection, which requires federal registration with the United States Patent and Trademark Office. Once registered, protection of software is accomplished through standard means of IP enforcement – cease and desist letters, alternative dispute resolutions measures such as arbitration or mediation, and even federal court litigation. However, specific to software is the need to ensure that you are utilizing proper software development, licensing, and indemnity agreements as well.
Read MoreU.S.-based owners of various forms of intellectual property need to understand that U.S. laws typically do not protect against foreign infringement. The best means of protecting IP internationally is to seek formal registration in whatever countries your business operates.
Read MoreA copyright protects the tangible expression of an idea, whereas a trademark protects a particular designation of source for a particular good or service.
Read MoreThere are two essential elements to a claim for copyright infringement. First, the plaintiff must prove ownership of valid copyright. Second, the plaintiff must show the defendant’s copying of constituent elements of the copyrighted work that are original.
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