In an increasingly digital economy, artists can instantly disseminate their work worldwide. At the same time, the risks of piracy and theft of ideas have become more commonplace.
Creating art, literature, software, music, or photography takes time and effort. Artists toil over their work until it is exactly as they initially envisioned.
Once the creator puts their ideas into a tangible medium for others to enjoy, it becomes vulnerable to theft or misappropriation.
Imagine the devastation you might experience if you worked hard to create a book or a song only to find out that someone else copied it and started making money off of it.
Copyrights can help protect your rights to the works you’ve created and ensure they aren’t stolen or misused. Infringement on a copyright can ruin a business or tarnish your reputation.
Copyright lawyers can explain the benefits, assist with registering a copyright, and pursue infringement cases.
Weiner Law’s experienced intellectual property attorneys can help protect the creative works you worked hard to develop.
What Is Copyright?
Copyright is a form of intellectual property protection for original works of authorship fixed in a tangible medium of expression. Copyright law protection covers a wide range of works, including:
- Musical compositions,
- Audio recordings,
- Computer programs,
- Movies,
- Photographs,
- Paintings,
- Illustrations,
- Books,
- Poems,
- Plays,
- Sculptures,
- Architectural works, and
- Blog posts.
Copyright does not protect ideas, systems, facts, processes, procedures, concepts, principles, or discoveries. The expression of an idea is what receives protection.
Copyright exists the moment a creator puts a sufficiently original idea into a fixed, tangible medium (like a book or audio recording).
What Rights Do I Have as a Copyright Owner?
Copyright law provides creators with the exclusive rights to:
- Reproduce the work;
- Make derivative works;
- Distribute copies of the work to the public by sale or other means;
- Perform the work publicly if it is a literary, dramatic, musical, choreographic, pantomime, motion picture, or audiovisual work; and
- Display the work publicly if it is a literary, dramatic, musical, choreographic, pantomime, motion picture, or audiovisual work.
Subject to some limitations, the copyright owner also has the right to authorize others to exercise these rights.
Do I Have to Register My Copyright?
As noted above, putting an original, creative idea into a tangible medium establishes copyright. Although registration with the U.S. Copyright Office is not required, there are benefits to doing so.
You may want to take legal action if you discover someone infringing on your work. One of the main benefits of registering your copyright is your ability to enforce your exclusive copyright rights through litigation.
Registration is a prerequisite for filing an infringement suit in court. Registered copyright owners can also seek monetary damages and attorney fees if copyright infringement litigation exists.
Other benefits of registration include:
- Public record. Once you register your work with the Copyright Office, it becomes public record, and you gain presumptive evidence that your copyright is valid and the information and facts contained in your registration are accurate. If someone challenges your copyright in court, they must prove that the facts are not true, a heavy burden to overcome.
- Availability of statutory damages and attorney’s fees. If you register your work within three months of its publication (or before infringement started), you may be able to recover statutory damages and attorney’s fees for an infringement case. Statutory damages range from approximately $750 to $30,000 per work and can even go to a maximum of $150,000 if the infringement was willful.
- Stop fake, imported works. Once registered, you can also record your registration with the U.S. Customs Service, which can help prevent the importation of foreign copies that infringe your copyright.
In the greater public policy context, registering a copyright can encourage creativity and innovation in the market and cultivate cultural preservation by preventing traditional works from commercial exploitation.
How Do I Register My Works?
To register your works with the U.S. Copyright Office, you must complete an application form corresponding to the type of work you seek to register.
You must also provide copies of your work and a filing fee. You can submit your application and fees on paper or online.
If you are uncertain if your works are protectable by copyright, contact a New Jersey copyright attorney. An attorney can review your work and help prepare and review your application for registration.
Exceptions to Copyright Protection
Copyright law contains several provisions that limit the copyright owner’s exclusive rights. They allow certain uses of copyrighted works without requiring a user to first get permission from the owner.
The most common provision is the “fair use” exception. This doctrine permits the unlicensed use of copyrighted works in certain circumstances.
Types of uses that are generally appropriate and permissible include uses for purposes of comment, news reporting, teaching, criticism, scholarship, and research.
The law sets out the following four factors courts must consider to determine if a use is fair:
- The purpose and character of the use,
- The nature of the copyrighted work,
- The amount of the work used in relation to the copyrighted work as a whole, and
- The effect of the use on the work’s potential market or value.
Courts make determinations of fair use on a case-by-case basis. There is no set formula for determining whether a work was used fairly without permission.
The Copyright Office has a Fair Use Index containing a collection of judicial decisions regarding fair use so lawyers and non-lawyers can understand whether or not a use has been found fair.
How Long Does Copyright Protection Last?
Copyright protection is not indefinite. Generally, copyright protection lasts for the life of the author or creator plus 70 years.
The term can vary depending on whether the work has been published and the date of first publication.
If the work is anonymous, pseudonymous, or made for hire, the term is 95 years from the year of first publication or 120 years from its creation, whichever expires first.
Weiner Law Can Help Protect Your Original Works
If you’ve created an original work that you hope to release into the public domain and are wondering if there is a copyright lawyer near me, look no further.
Weiner Law can help protect your intellectual property. Our experienced team of copyright attorneys can help you:
- Determine if you have protectable works,
- Prepare and file registration documentation and applications,
- Navigate copyright disputes, and
- File and advocate on your behalf in lawsuits against unscrupulous infringers.
We will educate you about your legal options around copyright protection and infringement and empower you to decide the best course of action.
Weiner Law has provided clients with superior intellectual property law advice and strategy since 1998.
Our team is well-versed in multiple fields beyond intellectual property, allowing us to build multidimensional strategies to cover all your legal needs.
We pride ourselves on taking the time to fully understand each client’s goals for their creative works and helping them achieve those goals.
Contact Weiner Law today to learn how our New Jersey copyright lawyers can help you protect your rights and creative works.