Copyright Attorneys

THE HISTORY OF COPYRIGHT LAW

Copyright law originated to protect the rights of creators and authors over their original works. Developed over centuries, it has evolved to cover various forms of media, ensuring creators can control and benefit from their intellectual property.

COPYRIGHT REGISTRATION

Registering your copyright formally establishes your claim to a work and provides legal benefits. It is an essential step in protecting your creative output and ensuring you have the legal backing to enforce your rights against infringement.

BENEFITS OF COPYRIGHT REGISTRATION

Copyright registration offers several advantages, including:

  • Deterrence of Infringement: Public record of ownership discourages unauthorized use.
  • Prima Facie Evidence: Registration serves as initial evidence of validity and ownership.
  • Right to Sue: Only registered works can sue for statutory damages and attorney's fees.
  • Statutory Damages and Attorney's Fees: Legal relief is available without proving actual damages.
  • Border Protection: Registered works can be protected against importation of infringing copies.
COPYRIGHT REGISTRATION PROCESS

To register a copyright, follow these steps:

  • Prepare your application and gather required information.
  • Submit the application and deposit copies of the work with the copyright office.
  • Pay the applicable fees.
  • Await examination and approval by the copyright office.
  • Receive your certificate of registration.
SCOPE OF COPYRIGHT PROTECTION

Copyright protection covers original works of authorship, including literature, music, art, and software. It grants exclusive rights to reproduce, distribute, perform, display, and create derivative works.

USING A COPYRIGHT NOTICE

A copyright notice indicates that a work is protected and provides information about the copyright holder. While not mandatory, it can help deter infringement and inform others of your rights.

ELIGIBILITY FOR COPYRIGHT

Copyright protection is available for original works of authorship fixed in a tangible medium of expression. This includes literary, musical, dramatic, and artistic works, among others.

DEALING WITH COPYRIGHT INFRINGEMENT

Copyright infringement occurs when someone uses your work without permission. It can involve unauthorized copying, distribution, performance, or display. Legal action can be taken to enforce your rights and seek remedies.

IDENTIFYING COPYRIGHT INFRINGEMENT

Common tools and methods to identify copyright infringement include:

  • Google Text Search: Find unauthorized copies of text.
  • Google Images: Identify unauthorized use of visual content.
  • Summary Judgment Motions: Legal motions to resolve clear cases of infringement.
  • Software Tools: Technology to detect copied content.
  • Third-Party Research: Engaging professionals to investigate and confirm infringement.
INDIRECT COPYRIGHT INFRINGEMENT

Indirect or contributory infringement occurs when a party contributes to or is responsible for infringing activities. This can involve providing means or services that facilitate infringement.

RETROACTIVE COPYRIGHT REGISTRATION

Retroactive registration allows for the protection of works created before formal registration. It can provide legal benefits and strengthen claims of ownership.

INTERNATIONAL COPYRIGHT INFRINGEMENT

For global protection, international treaties like the Berne Convention ensure that works registered in one member country receive protection in other member countries.

AVOIDING COPYRIGHT INFRINGEMENT

To avoid copyright infringement:

  • Proceed with caution when using others' work.
  • Understand and comply with licenses.
  • Avoid common myths about copyright.
  • Utilize software tools to verify compliance.
  • Stay within the bounds of fair use.
THE COSTS OF COPYRIGHT INFRINGEMENT

Infringement can lead to significant legal costs, including damages, attorney's fees, and loss of reputation. Avoiding infringement protects against these financial and legal consequences.

RESPONDING TO COPYRIGHT INFRINGEMENT

If your work is infringed, you can:

  • Send a cease and desist letter.
  • File a DMCA takedown notice.
  • Pursue legal action for damages.
  • Seek injunctive relief to stop ongoing infringement.
COPYRIGHT LITIGATION

Litigation involves filing a case in federal court, presenting evidence, and arguing before a judge or jury. The process includes discovery, motions, trial, and a final decision.

DEFENSES IN COPYRIGHT LITIGATION

Common defenses include:

  • Invalidity of the copyright.
  • Fair use doctrine.
  • Independent creation.
  • Innocent infringement.
  • Licensed use.
  • Public domain arguments.
FRIVOLOUS COPYRIGHT LITIGATION

Frivolous litigation involves baseless claims intended to harass or pressure. Courts can impose sanctions on parties engaging in such practices.

COPYRIGHT LITIGATION DAMAGES

Damages can include actual losses, statutory damages, and legal fees. Courts determine the appropriate compensation based on the nature and extent of the infringement.

COPYRIGHT ATTORNEYS – KHOSHNOOD LAW

Khoshnood Law provides expert legal services in copyright matters, helping clients register, protect, and enforce their copyrights effectively.

CONTACT US

If you need legal assistance with a copyright issue, contact Khoshnood Law for a free consultation today.