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What is a Copyright?

Copyright is a legal protection granted to the creators of original works, ensuring that they have exclusive rights to reproduce, distribute, perform, and display their creations. This protection is available for a diverse range of creative expressions, including literary pieces, music, artwork, and more.

Protection of Intellectual Property

Copyrights provide legal protection for original creations, such as literary works, music, art, software, and other forms of creative expression. They grant exclusive rights to the creators, allowing them to control the use and distribution of their works. This protection ensures that their intellectual property remains secure and prevents unauthorized copying or reproduction.

By granting exclusive rights for a limited period, copyrights allow creators to monetize their works, which encourages them to invest their time, effort, and resources into developing unique and valuable content. This economic incentive fuels the growth of businesses and enables entrepreneurs to thrive in competitive markets.

Copyrights give small businesses and entrepreneurs a competitive edge by preventing others from copying or plagiarizing their creations. This exclusivity allows them to differentiate themselves in the market and maintain a distinct brand identity. By protecting their creative works, businesses can establish a reputation for originality, quality, and innovation, attracting customers and clients who value these attributes.

Copyrights enable content creators to generate revenue through licensing, selling, or leasing their copyrighted works. By granting permission to others to use their creations under specific terms, entrepreneurs can explore new revenue streams and expand their business opportunities. Licensing agreements, partnerships, and collaborations become viable options, providing additional sources of income and facilitating business growth.

Copyrights provide a legal framework for resolving disputes and pursuing legal action against infringers. In the unfortunate event of someone using their copyrighted works without permission, small businesses, entrepreneurs, and content creators can seek legal recourse and enforce their rights. Copyright protection empowers individuals to defend their intellectual property and pursue compensation for any damages incurred.

Copyrights offer international protection for creative works through various international agreements and treaties. This ensures that small businesses, entrepreneurs, and content creators can enjoy similar rights and protections in different countries. It facilitates global expansion and enables them to reach wider audiences while maintaining control over their intellectual property.

Coger Law Firm guides clients through the copyright registration process, ensuring that their creative works are properly registered with the appropriate copyright office. This service includes preparing and filing the necessary applications, addressing any inquiries or challenges that may arise, and obtaining official copyright certificates.

Coger Law Firm helps conduct thorough investigations, gather evidence, issue cease and desist letters, and negotiate settlements in copyright dispute matters.

We draft, negotiate, and review copyright licensing agreements and contracts.

This includes conducting intellectual property audits, assessing the scope and value of copyrighted works, strategizing the maintenance and renewal of copyrights, and advising on portfolio expansion or diversification.

Given the prevalence of online content, Coger Law Firm can assist clients in protecting their copyrighted works in the digital realm. This includes advising on digital rights management strategies, addressing issues of online piracy and unauthorized use, and handling takedown notices and disputes related to online platforms and social media.

Coger Law Firm can assist businesses and organizations in developing comprehensive copyright policies to establish guidelines and procedures for copyright compliance. These policies promote a culture of respect for intellectual property and help mitigate the risk of copyright infringement within the organization.

Law firms can provide ongoing counseling and education on copyright law, helping clients stay informed about their rights and obligations. This may involve seminars, workshops, or one-on-one consultations to address specific copyright issues, answer questions, and provide guidance on best practices for copyright protection.

Copyrights cover

Literature, Art, Music, Films, Software, Websites, Architectural designs , Choreography and more......

Even though, Copyright automatically applies upon creation, registering your work offers it important, additional legal benefits

FAQs

Copyrights protect original works of authorship. This includes:
  • Literary Works: Novels, poems, articles, and other written content.
  • Musical Works: Songs, instrumentals, and accompanying lyrics.
  • Dramatic Works: Plays, screenplays, and other performance scripts.
  • Pantomimes and Choreographic Works: Dance and performance art.
  • Pictorial, Graphic, and Sculptural Works: Paintings, drawings, sculptures, and other visual art.
  • Audiovisual Works: Movies, television shows, and videos.
  • Sound Recordings: Recorded music, speeches, and other audio content.
  • Architectural Works: Building designs and blueprints.
  • Computer Software: Code and software programs.
  • Individual Creator: If an individual creates a work, they generally hold the copyright to that work.
  • Employee Creation: If the work is created by an employee within the scope of their employment, the employer usually holds the copyright.
  • Works Made for Hire: If a work is specifically commissioned and falls under the “work made for hire” category, the person or entity who commissioned the work holds the copyright.
  • Joint Works: If multiple authors collaborate to create a work, they may hold joint ownership of the copyright, sharing rights and responsibilities.

To register a copyright in the U.S., you must file an application with the U.S. Copyright Office, pay a fee, and submit a copy of the work.

Public Record: Registration establishes a public record of the copyright claim.
Infringement Suit: Registration is necessary before an infringement suit may be filed in court for works of U.S. origin.
Prima Facie Evidence: If registration occurs within five years of publication, it provides prima facie evidence in a court of law regarding the validity of the copyright and the facts stated in the certificate.
Statutory Damages and Attorney's Fees: Registration allows the copyright holder to seek statutory damages and attorney’s fees in addition to actual damages in the event of infringement.

Owners of copyrighted material have exclusive rights to reproduce, distribute, perform, display, or license their work.

Fair Use is a legal principle that permits restricted usage of copyrighted content for specific purposes like education, commentary, or journalism.

  • The duration of copyright protection in the United States depends on several factors, including when the work was created and the circumstances of its creation. Here are some general guidelines: Works Created on or after January 1, 1978
  • For individual authors, copyright lasts for the life of the author plus an additional 70 years.
  • For works of joint authorship, the copyright lasts for the life of the last surviving author plus an additional 70 years.
  • For works made for hire, anonymous, or pseudonymous works, the copyright lasts for 95 years from the date of publication or 120 years from the date of creation, whichever is shorter. Works Created but Not Published or Registered before January 1, 1978

Infringement occurs when someone uses copyrighted material without authorization in a manner that breaches the owner's exclusive rights.

To avoid infringement, always obtain permission from the copyright owner or use public domain or flexibly-licensed works.

  • Cease and Desist Letter: The copyright owner can send a cease and desist letter to the infringer, demanding that they stop using the copyrighted material.
  • Negotiation and Settlement: The parties can negotiate a settlement to resolve the dispute without going to court.
  • Litigation: The copyright owner can file a lawsuit in federal court. However, the copyright must be registered before suing for infringement in the U.S.
  • Damages and Injunctions: In court, the copyright owner can seek damages, including actual damages and profits, or statutory damages. They can also request an injunction to prevent further infringement.
  • Small Claims Tribunal: The CASE Act provides an option to resolve smaller copyright claims through the Copyright Claims Board, a more affordable and quicker alternative to traditional litigation.