Copyrights

"Protecting Rights of Authors of Original Works"

OVERVIEW:

Copyrights were designed to protect the rights of creators. Copyrights cover intellectual property such as, but are not limited to: books, music, paintings, sculpture, movies, short films, computer programs, databases, advertisements, maps, technical drawings, and published research. There are an infinite number of ways that a third party could infringe on your copyrights. However, there are also legal tactics that you can employ to combat copyright infringement. If you are interested in seeking guidance about filing a copyright registration or simply discussing a specific copyright issue, please give us a call or make an appointment.

FAQs:

What are the different types of copyrights?

Reproduction Rights: right is the exclusive right of the copyright owner to authorize the reproduction of a copyrighted musical work, as in CDs, records, tapes, ringtones, permanent digital downloads, and interactive streams.

Public Performing Rights: is the exclusive right of the copyright owner to authorize the performance or transmission of a copyrighted work in public.

Public Performance License: the right to grant another the ability to perform the work in or transmit the work to the public.

Mechanical Licenses:The Mechanical Licensing Collective administers blanket licenses on behalf of copyright owners to eligible streaming and download services (digital service providers or DSP’s) in the United States.

Synchronization License: usually a music publisher, issues a synchronization license, usually to a producer or other visual media creator, granting the right to synchronize (“sync”) a musical composition to visual images on film or video (on film, tv shows, advertisements, online videos, etc.).

How long does copyright protection last?

Any work created on or after January 1, 1978, have a copyright protection term of the author's life, plus an additional seventy years after the author's death.

For works made for hire and anonymous, the timeframe is 95 years from publication or 120 years from creation, which is shorter.

For all works created before 1978, they have a different timeframe.

Who is a copyright owner?

Anyone who creates an original work in a tangible form.

Must my copyright be creative?

Yes, but your work must only have a "spark" and "modicum" of creativity, according to the Supreme Court.

What is a copyright registration?

Copyrights automatically exists in any original work, once it is fix in a tangible medium. Yet, an owner can seek additional protections by registering the original work with the U.S. Copyright Office at copyright.gov.

If my work is protected in the United States, is it also protected overseas?

If you register your copyright work in the United States, it is also protected in any country which adheres to the Berne Convention.

What can't I copyright?

You cannot copyright names, titles, slogans, and short phrases.

What should I do if someone infringes on my copyrights?

First, you should consult an attorney. There are few non-legal tactics available to you. However, you may also file a civil lawsuit in a federal district court.

How much of a copyrighted work can I use without infringing on copyrights?

You are allowed to use limited portions of someone else's work without permission for purposes such as commentary, criticism, news reporting, and scholarly reports., under the fair use doctrine.

What is work in the public domain?

The work is no longer protected by copyright, because the protection has expired, or the owner voluntarily relinquished all copyrights.