Are you an artist, musician, or do you develop software? Don’t let anyone steal your amazing idea! Protect your product with a copyright. We handle a large variety of trademark and copyright registrations, renewals, and administrative appeals before the United States Patent and Trademark Office. Green Legal Group provides years of experience and expertise for our clients in need of copyright infringement, copyright registration, and more. Our law firm based out of Salt Lake City, Utah and can help you with all your copyright needs.
What Are Considered Creative Works?
Creative works including music, movies, writings and things like software and apps are protected under the copyright laws of the United States. This Copyright protection begins the moment you create a work and place in a tangible medium of expression. In other words, the minute you write it, type it, record it, or paint it, you have a copyrightable work that can be registered. Registration of copyright is vital because it protects your work and your legal rights. A registration also provides a lot more options in the event someone infringes your copyright.
Our copyright attorneys in Utah can assist with your copyright registration needs. Registering your copyright helps to establish a public record of your claim, which you will need if someone infringes on your copyright. Copyright registration also opens up more remedies when dealing with someone who is stealing your creation. Our copyright attorneys can help you register your copyright. During a free consultation, they will gather all the information they need and you will need to provide two samples of your work. We will then help you file the information with the U.S. Copyright Office.
Copyright infringement occurs anytime someone other than the copyright holder copies your work. If the copyright owners’ rights are violated, copyright infringement has occurred. Even if a person doesn’t copy your work entirely, copyright infringement is still possible. There are multiple rights related to copyright infringement including:
• The Right to Reproduce the Work: This right allows companies or individuals the ability to reproduce, copy, duplicate, or transcribe work in a fixed form. If someone other than the copyright holder makes a copy of the work and sells it for profit, it is deemed copyright infringement.
• The Right to Derivative Works: This right allows for protection of your work. A new work someone creates based upon your work or “derivative works” is deemed copyright infringement. If you do not give consent for another person to recreate or distribute your work, you do have a legal claim you can file.
• The Right to Distribution: This right to distribute work based on public sale, lease, or rental needs. Distribution cases often occur within the music industry as the file-sharing problems occur with web services claims and other violations.
• The Public Display Right: Hanging a copy of work in a public place such as a store or on the Internet is transmitting the information to the public. If a person does not authorize this, copyright infringement likely has occurred, as they did not allow for the work to be displayed.
• The Public Performance Right: This right allows one to recite, play, act, dance, or show your work at a public place. Copyright infringement occurs when someone performs your work without obtaining permission from you.
Contact our copyright and intellectual property attorneys to discuss copyright infringement and the different exceptions related to copyright law that can affect your legal rights.
If your copyright has been violated, you can take legal action against them. How are copyrights enforced? If needed, you can file a lawsuit in federal court and will need to ask the court to:
• Issue a restraining order or injunction to prevent further violation
• Award monetary damages if appropriate
• Award attorney fees if applicable
Our office will work with you directly to discuss if your lawsuit is viable and if the alleged infringer can raise legal defenses to your charges.
Copyright licensing allows you to retain ownership of your copyright, but provide another party with permission to use some or all of your copyright rights. For example, you can allow a publisher the ability to include your writing in an audio version, but you maintain eBook and print rights. A licensing agreement will state whether the license is exclusive or non-exclusive, time-limited or perpetual, and will clearly state what the other party is allowed to do with the copyright. A copyright license must be carefully worded to protect your legal rights and your work. Contact our law firm in Salt Lake City, Utah to speak with our copyright attorneys about copyrighting your great idea!