Copyrights
Copyright Attorneys Orlando
Copyright is a critical aspect of intellectual property law, providing exclusive rights to creators or holders of original works. These works encompass a diverse range including books, movies, screenplays, songs, paintings, drawings, software code, and websites. In the United States, this protection is granted to creative works fixed in a physical, tangible form, allowing the author control over reproduction, distribution, and modification of their work. The rights are time-limited, leading to the eventual entry of the work into the public domain.
In legal contexts, particularly when a creator discovers their intellectual property rights have been infringed upon, understanding and navigating copyright law becomes essential. This is especially true in cases of alleged copyright infringement, whether one is a victim or accused. Given the complexities and value of intellectual property, it’s imperative for those involved in such disputes, especially in areas like Orlando where the law is rigorously applied, to seek counsel from knowledgeable copyright lawyers. This ensures a proper understanding and defense of one’s rights under this area of law.
Here’s an overview highlighting the key elements of copyright law:
Protected by Copyright and Copyright Protection:
When an original work of authorship, such as books, motion pictures, or music, is created, it is automatically protected by copyright. This protection does not require registration; however, registering with the Copyright Office strengthens the legal standing of the work.
Copyright Office and Patent and Trademark Office:
The Copyright Office, part of the Library of Congress, oversees copyright registration in the United States. Meanwhile, the Patent and Trademark Office handles patents and trademarks, which are different forms of intellectual property. A U.S. copyright can only be enforced once it is in a fixed medium and is registered with the U.S. Library of Congress.
Copyrighted Work and Copyright Act:
The Copyright Act provides the legal framework for copyright protection in the U.S. It defines what constitutes a copyrighted work and outlines the rights of the copyright owner, including reproduction, distribution, and creation of derivative works based on the original.
Public Domain:
Works enter the public domain after copyright protection expires. This means they can be used freely without permission from the copyright owner. The duration of copyright varies: typically, it’s 70 years after the author’s death, 95 years for corporate works, or 120 years from creation, whichever is shorter.
Copyright Owner and Copyright Infringement:
The copyright owner has exclusive rights over their work. Copyright infringement occurs when someone uses a protected work without permission. This can lead to legal action, where Orlando intellectual property lawyers can provide crucial assistance. Patents usually last 20 years from the date of application. However, copyrighted works can have protections lasting 70, 95, or 120 years depending on the author or creator. Copyright for works created by individuals lasts for the life of the author plus 70 years. Corporate or anonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter.
What does it mean for copyright work to be ‘fixed’
For a work to be eligible for copyright protection, it must be “fixed” in a tangible medium of expression. This means it must be sufficiently permanent to be reproduced, copied, or otherwise communicated.
Why an intellectual property attorney can help
Copyright works include literary, artistic (audio and visual), musical, architectural, and computer codes.
Every Beusse Sanks copyright attorney is able to counsel clients regarding copyrights and to assist in obtaining, protecting and enforcing copyrights, both in the U.S. (at the state and federal level) and internationally. Depending on the foreign country where copyright infringement might occur, a U.S. copyright may be enforceable in that foreign country. Our firm can also help you or your business in protecting trade secrets and putting in place licensing agreements and intellectual property protections.
Situations arise when a license of another’s copyrighted work is needed to promote a business. Each of our copyright and trademark attorneys can provide service in obtaining an appropriate license from entities such as obtaining a musical copyright license from either The American Society of Composers, Authors and Publishers (ASCAP) or Broadcast Music, Inc. (BMI), or obtaining a license in a picture or image from entities owning a vast array of images.
Our copyright services include the following:
- Counseling and evaluating whether to obtain a U.S. copyright
- Copyright portfolio management
- Enforcing U.S. and international copyrights in U.S. and foreign courts
- Evaluating when a license is needed for another’s copyrighted work
- Defending against copyright infringement lawsuits
- Vessel hull design protection
- Takedown notices for copyright misuse
- Cease and desist letters for copyright misuse
- Negotiating the license of another’s copyrighted work
Contact Us About Your IP Needs
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Our Practices
Patents
Beusse Sanks has more than one nationally recognized Orlando-based patent attorney to assist you with obtaining domestic and international patents across a broad range of technologies.
Trademarks
Having an experienced Orlando-based trademark attorney at Beusse Sanks to help you with acquisition, management and enforcement is beneficial.
Copyrights
Every Beusse Sanks copyright attorney is available to counsel clients regarding copyrights and to assist in obtaining, protecting and enforcing copyrights, both in the U.S. and internationally.
Trade Secrets
A Beusse Sanks trade secret attorney can counsel you on whether to pursue a patent or implement trade secret protection procedures, provide representation in remedying theft of trade secrets or with defending against an allegation of theft of trade secrets.
IP Litigation
Beusse Sanks has attorneys who have represented clients in IP litigation cases in various federal district courts throughout the United States and have assisted with disputes in foreign countries.
IP Transactions
Beusse Sanks transactional attorneys possess the experience and knowledge to prepare and negotiate sound transactional agreements that include intellectual property rights.
IP Strategies
Beusse Sanks has IP strategy attorneys to help you develop a meaningful strategic plan to increase the value of your intangible assets resulting in a competitive advantage.
IP Monitoring
Beusse Sanks has attorneys who can assist with monitoring if others are using your IP, such as trademarks because you are responsible for enforcing your trademark rights.
International IP
If seeking an international competitive advantage, Beusse Sanks is experienced with obtaining and enforcing patents, trademarks and copyrights outside the United States.
