Copyrights cover original works of art — items of the literary, dramatic, musical, artistic, audiovisual, and architectural variety. Subject to certain limitations and qualification, the copyright laws give a copyright owner exclusive right to:
These rules only apply to copyrights in the United States, while other countries have different rules. In the United States, these rights do not last forever. Assuming a work was created after January 1, 1978, rights will last the author’s lifetime, plus life plus 70 years, or 95 or 120 years depending on other factors. For works created prior to 1978, other rules apply.
Many people assume if they’ve “copyrighted” (registered) they are “safe” when it comes to protection. Registration is an important first step to establishing rights. Unfortunately, while a registered copyright is a step toward notifying the world of the boundary of copyright rights to a work art, it does not keep others from infringing or trying to steal a creation.
Sometimes the only thing that will gain another’s attention and force them to do the right thing is…litigation. If anyone has profited from copying or stealing your intellectual property, especially your copyrights, you need an experienced legal team to put things in motion.
Nexio Law Firm attorneys are ready to take on these copyright thieves and fight on your behalf. If someone has infringed your copyright, we can help stop the stealing, enforce your rights, and get you the restitution you deserve.
Under Copyright law there are three primary remedies available, as well as other remedies such as injunctions, [actual or statutory] damages, and recovery of legal fees & costs. Please see statute references provided below:
The registration process is filled with landmines and it relies heavily on the knowledge and truthfulness of the person who applied for the copyright registration. All too often people make assumptions, they don’t understand the technicalities, or they bluff their way through the registration process. Copyright registration tends to be a formalistic process and mistakes could cause the loss of rights.
In addition, there is an unease balance between Copyright laws, other federal laws, and individual liberties. Many excuses, justification, and exceptions exist. Even if one is “technically” an infringer, Defenses may result in the avoidance of financial liability or liability altogether. Over the past 20 years, congress has enacted, expanded, and clarified “limitations on liability relating to material online,” as further described in 17 U.S.C. § 512, provided certain steps have been taken.
In short, today’s copyright owners must not only be knowledgeable about their rights, but also how their rights interplay with others’ rights.
The attorneys at Nexio Law Firm are committed to helping our clients achieve their objectives. We can be reached at (949) 478-6830 or complete the contact form and we’ll be in touch soon.