Copyright Litigation Lawyer in Orlando
A copyright litigation lawyer in Orlando can protect your original work of written word. It could be a book, an article, words to a song or many other things. If your work is copyrighted, no one can claim it as their own work. Graphics are also included in copyrights -think comic strips.
Definition of Copyright
In short, a copyright is certain rights given by statute to an author of artistic or literary productions. That person has exclusive right to the creation, including for sale and publication purposes. An author may sell or grant his or her copyright to others such as a recording company or a publisher. The protections are provided by the United States government.
Works that may be protected under copyright laws include literary works and written words in the form of books, song lyrics, website content and even computer code. Musical works and the words that go with the works are also copyrightable. Dramatic works and any accompanying music, pantomimes, choreographic works, motion pictures and other audiovisual works also fall under copyright laws. Sculptural works such as paintings and maps, architectural works, pictorial works, graphics and sound recordings are also protected.
Some works are not eligible for copyright because copyright protects the expression of a person’s vision or idea. A procedure, idea, process, or system cannot be copyrighted. A person cannot copyright blank forms that are used to record information, such as checks, and may not copyright a work that does not have original authorship, such as phone listings or a calendar. Furthermore, works that are not “fixed in a tangible medium” cannot be copyrighted. These would include unrecorded speeches and other vocal performances and dance choreography.
Which Form of Protection is Correct
You can’t patent or trademark a book, nor can you copyright a new machine or your new widget. You must use the correct form of protection for your work/invention. A copyright protects things you authored, a patent protects inventions and discoveries and a trademark protects things used for branding that distinguishes your brand from others, such as phrases, designs and symbols.
For example, if you are a self-publisher and you have several books, you may have a company name and may create a logo that identifies you and the books you publish. You would copyright your books – as long as you wrote them – and would trademark the company logo and other brand marketing information related to the company. If you invented a new machine to help you with your business and that machine is new – there are no other machines like it – you would get a patent on the machine.
Benefits of Copyright Protection
If you copyright your work, you have the exclusive right to do whatever you want with the work. You can even authorize others to perform certain actions in relation to your work; and you can assign your copyright to someone else – usually an entity such as a publisher or record company. Payment may include a one-time fee for your work, royalties or you may – though it is not advisable – hand it over for nothing.
Copyright gives you permission to reproduce your work via copies or phonorecords and to prepare derivative works based on the original work; to distribute the copies or phonorecords to the public by lending it, leasing it, renting it, selling it or otherwise transferring ownership of your original work; and to perform your work in public. This would apply to musical, literary, choreographic works, dramatic works, motion pictures, pantomimes and other audiovisual works.
You can also display anything you own the copyright on in the public, including images of a motion picture, such as an image from a scene to be used as a marketing poster. If the work is a sound recording, the copyright gives you the right to perform the work publicly via a digital audio transmission.
Copyright terms depend on the date the work was first published. Generally, works created after January 1, 1978 are copyrighted for the life of the author plus 70 years. If a piece of work is anonymous, something was written under a pseudonym or if the work was made for hire, the copyright lasts 95 years from the date it was first published or 120 years from the date of the work’s creation, whichever expires first. If your work was created and published prior to 1978, the term depends on several factors and will vary accordingly.
While registration of your work is not required for you to own copyright, it is better to register your works with the U.S. Copyright Office. Part of the process is depositing your work in its recorded form with the U.S. Copyright Office. You must also place the © symbol or the word Copyright on your work. Even if you are the owner of a copyright, you cannot sue for infringement until you register the copyright, according to 17 U.S.C.A. §§411,412. If your work does not have the proper notification, it may be assumed that it is public domain.
Use this website’s Contact Us form to have your questions answered by an experienced Copyright Litigation Lawyer. In Orlando, call today at 407-841-8375 or nationwide at 1-866-37PATENT to schedule your one-on-one consultation.