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An important concept behind copyright is that the creative expressions
of the work, and not the ideas behind the expressions, are protected. For
example, one cannot publish a comic strip that centers around an orange
tabby cat that struggles with human problems; this would violate the
copyrights of Garfield. However, one can use the idea of a comic strip
that is centered around a cat and has adequately different themes. The
purpose behind this is that while copyright laws are intended to protect
original creators, they are also intended to encourage creativity and
prevent original creators from controlling an idea.
How to Obtain a Copyright
There isn’t a specific registration required for obtaining a copyright
in the United States. Contrary to popular belief, copyright is obtained
automatically when a work is “created,” or put into physical form (such as
written into a book or recorded onto a CD). However, a copyright that is
registered with the federal government has certain advantages. First, a
copyright must be registered with the U.S. Copyright Office in order to
bring an infringement lawsuit to court. Furthermore, by registering a
copyright before an infringement takes place, the creator, in addition to
receiving damages and lost profits, can receive statutory damages and
attorney’s fees. Lastly, a registered copyright in court will serve as
prima facie, or established and valid, evidence.
To register for a copyright, an application form, fee, and two copies
of the works must be sent to the Library of Congress in Washington
D.C.
A copyright is noted by the symbol ©.
Copyright Infringement & Remedies
Copyright infringement can occur when a copyrighted work is copied,
reproduced, distributed, or sold without the consent of the original
copyright holder. Copyright infringement can also occur when an original
work is built upon to make a new work. The new work is referred to as a
derivative work.
When infringement occurs, the copyright holder can file a lawsuit
against the infringer and seek compensation for damages and loss of
profits. If the copyright was registered prior to the infringement, the
suit holder can also sue for statutory damages and attorney’s fees. When
won, an injunction will normally be issued against the infringer to
prevent them from infringing again in the future.
Copyright infringement cases can be complicated for various reasons.
Often times the defendant will claim they used the original work as
“inspiration,” and didn’t actually copy it, so the distinction between
inspiration and infringement can be difficult to determine. Furthermore,
even if a work is copyrighted, it may not actually be entitled to
copyright protection for various reasons.
Copyright Transferring, Licensing, &
Termination.
Copyrights can be fully or partially transferred. In order for
copyrights to be transferred, a signed contract of the transfer must be in
writing. Copyrights can also be passed down through a will.
Copyrights can also be licensed. When they are licensed, a licensee
will pay a fee, known as a royalty, to the original copyright holder, and
gain the rights to reproduce and distribute the material, or what is
otherwise stated in the license agreement. This agreement can include
certain terms of the license, such as where, when, and how long the
licensee can distribute the material. A license can be exclusive or
non-exclusive; if a license is exclusive, only the licensee has the rights
to do what is stated in the license agreement.
Currently, a copyright is effective until after 70 years from the date
of the copyright holder’s death. This is effective for all works created
after 1977.
Hiring a Copyright Attorney
Protecting your original work of art is important if you want to
generate money from your work. A copyright attorney can ensure that your
rights are protected and that other parties do not benefit from your work
without your consent. Copyright attorneys can also help you seek
compensation form or an injunction against another party who is infringing
on your copyright.
If you are interested in finding the right copyright attorney,
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