Do You Need Copyright Protections? The Intellectual Property Essentials Every Creator Needs To Consider

Intellectual property protections are all about shielding your hard work and effort from theft or abuse by others. Copyright is one of three major tools, along with patents and trademarks, which defend your brand, identity, or creative work from harm. This article focuses primarily on copyright, answering many essential questions every creator needs to consider, such as:

• What is copyright, how is it different from other intellectual property protections, and what type of material does it cover?
• How long does copyright last (the answer might surprise you!), and what protections does it offer?
• What is considered fair use of copyrighted materials, and what remedies are available for copyright infringement?

How Is Copyright Protection Different From Patents And Trademarks?

A copyright is a form of intellectual property protection for original works such as art, literature, and other creative works. A trademark, on the other hand, protects names, slogans, and logos that connect a brand to the goods and services it sells.

Finally, a patent protects the designs, innovations, and manufacturing procedures that go into making those goods or services possible and distinct. If you are not sure which one you need for your intellectual property, it might be time to schedule your free consultation with an attorney.

What Types Of Creative Works Can Be Protected By Copyright?

Copyright can protect dramatic, musical, and artistic works such as poetry, novels, movies, songs, and even architecture. While copyright law was primarily designed for original creative works, it has since been expanded to include even things like software and code. A lot of app developers will register their software code to prevent others from copying them.

What Is The Duration Of Copyright Protection, And How Does Copyright Vary Between Countries?

Generally, copyright protection in the U.S. lasts for the length of the author’s life, plus 70 years. This is much longer than the protections offered by a patent, though trademark protections can be renewed indefinitely.

International treaties determine whether copyright protection extends to another country. Therefore, the protections offered by a U.S. copyright will depend on the country and the treaties they have signed with the U.S.

What Are The Rights Granted To A Copyright Holder?

Copyright owners have the sole right to reproduce the copyrighted work, circulate copies of the work to the public for sale, and to perform the copyrighted work.

What Factors Are Considered When Determining The “Fair Use” Of Copyrighted Material?

Fair use is a term that means that someone has taken material that is copyrighted and used it in such a way that it does not conflict with the copyright holder’s rights. There are a few fair use factors every creator needs to be aware of.

To determine whether a specific use under one of the categories is fair, you can consider the following factors:

• The purpose and character of the use, including whether such use is of a commercial nature or for nonprofit educational purposes.
• The nature of the copyrighted work, for instance, whether it is in art form or photography, and how easily it is circulated.
• The amount and substance of the portion of copyrighted material used in relation to the copyrighted work as a whole. Are you using the entire work as you might with an image or just part of it as you might with a small passage from a long novel?
• The effect of the use on the potential market or value of the copyrighted work.

This means that every disputed fair use case can become quite elaborate and complex. If you are ever unsure, you should consult with an experienced copyright and intellectual property attorney.

How Do I Register A Copyright? Is Registration Required For Copyright Protection?

You can register a copyright by submitting an application to the U.S. Copyright Office with a copy of the work to be registered and the corresponding fee. Registration is not, technically, required for copyright protection.

However, registration is required if you wish to bring a lawsuit for infringement in federal court. Registration is also evidence of copyright validity, especially when filed within five years of creating your work.

Finally, registration also allows you to pursue statutory damages and attorney’s fees. This makes litigation far more affordable and threats of it far more effective, which strengthen your protections significantly.

What Remedies Are Available If My Copyright Holder Rights Are Infringed?

If you hold the copyright on something and someone else breaches that, you can seek monetary damages and lost profits, attorney’s fees, or an injunction in federal court to stop their work from being produced, released, or performed.

There are civil remedies, and there can even be criminal sanctions in some cases. Knowing which to seek and being able to build a case that will win you those damages in court is the purview of experienced and qualified intellectual property lawyers. If your copyright is being infringed, consider calling one right away.

For more information on The Protections Offered By Copyright And How To Obtain Them, an initial consultation with an attorney is your next best step. Get the information and legal answers you seek by calling (214) 307 9868 today.