Copyrights
What is a Copyright?
A Copyright is a form of intellectual property that gives the author of an original work an exclusive right for a set period of time as established under 17 U.S.C. 302 to that work, including publication, distribution and adaptation of the work.
US copyright law protects “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works.
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 that work, including making all decisions as to the publication, distribution and adaptation of that work.
A copyright exists for a limited time as set forth in 17 U.S.C. 302. With the passage of the Sonny Bono Copyright Term Extension Act, works created in or after 1978 are granted copyright protection for a term ending 70 years after the death of the author. If the work was a work for hire (created for the benefit of someone else, e.g. an employee for an employer) then copyright persists for 120 years after creation or 95 years after publication, whichever is shorter.
How do I establish Copyright?
Under US law a copyright automatically attaches upon the creation of an original work of authorship. It is not necessary to register a work with the US Copyright Office to protect it, however registration puts a copyright holder in a better position if litigation arises over the copyright. Registration is also necessary for the Copyright holder to obtain statutory damages for copyright infringement.
What does a copyright grant and what do I need to do to protect my copyrighted work?
Copyright law in the US is part of federal law, and is authorized under the US Constitution.
The holder of a copyright bears the burden of enforcing his rights against infringement. Infringement is defined in 17 U.S.C. 501. Infringement requires (1) a protected work; (2) that the defendant copied the protected work; and (3) that the defendant’s copying of the protected work was unauthorized and infringing.
A Copyright holder whose rights have been infringed is entitled to seek relief. In the US a copyright holder must file a lawsuit in federal court to pursue such relief. Generally relief will fall into two general categories: damages or injunctive relief. Section 504 of the 1976 Act gives the copyright owner/author a choice of recovering: (1) their actual damages and any additional profits of the defendant; or (2) statutory damages. Copyright Act 502 authorizes courts to grant both preliminary and permanent injunctions against copyright infringement. The Act also includes provisions for impounding allegedly infringing copies, and other materials used to infringe, and for their ultimate destruction upon a final judgment of infringement. Injunctions and damages are not mutually exclusive.
How can California Coast Legal Group help me with a Copyright?
- Prepare, file and prosecute US copyright applications;
- Prepare and provide documents for consent and licensing;
- Prepare Work for Hire Agreements;
- Prepare Copyright Assignments;
- Prepare and file international copyrights;
- Conduct copyright searches;
- Review and counsel on potential infringements; and
- Prepare, submit or respond to allegations of copyright infringement.
In addition to the civil remedies, the Copyright Act provides for criminal prosecution in some cases of willful copyright infringement. This information is intended to provide you with general information concerning copyrights and is not intended as legal advice. If you are interested in having us assist you in any copyright matter, please contact us at legal@californiacoastlegal.com.