If you’ve poured your heart and soul into creating an artistic piece of work, you need to protect your ideas. Working with an intellectual property attorney is your first step in protecting your work. Because of this, it is advised that you work with an intellectual property law firm that can guide you in copyright protection and litigation.
Copyright protection covers literary works (such as novels or plays), films, music, artistic works (such as drawings, paintings, photographs and sculptures) and architectural design. Copyright law protects authors, artists, and other creators when it comes to their literary and artistic creations that are commonly referred to as “works”. Works covered by copyright include, but are not limited to: novels, poems, plays, reference works, newspapers, advertisements, computer programs, databases, films, musical compositions, choreography, paintings, drawings, photographs, sculpture, architecture, maps and technical drawings.
In addition to copyright rights, there are also Rights Related to Copyright. Such “related” items include those of performing artists in their performances, producers of phonograms (such as records) in their recordings, and broadcasters in their radio and television programs. Beneficiaries of related rights include performers (such as actors and musicians) in their performances; producers of phonograms (for example, compact discs) in their sound recordings; and broadcasters and broadcasting organizations in their radio and television programs.
Enforcement of Copyright and Related Rights
There are a number of ways for copyright and related rights to be enforced by right holders. Such means include civil action suits, administrative remedies and criminal prosecution. Injunctions, orders requiring destruction of infringing items, inspection orders, among others legal actions are used to enforce these rights.
Immediate Copyright Protection
If you have an original idea, such as a screenplay or piece of music, that you’ve written created your work is automatically protected under copyright. Copyright protection is immediately extended once the piece of work is set into tangible form. This means that once the piece is accomplished, you alone have the sole right to produce and reproduce your work.
Protection Against Infringement
In the U.S., there is no requirement to register your work, but there are innumerable advantages to registering your work with the U.S. Copyright Office. Registration of your work allows you to establish a public record of your copyright. This is crucial when you choose to disseminate your creation to the world and will help protect you against any potential infringement claims.
If infringement occurs, it is up to you to enforce your copyright. Even if the piece has been registered with the U.S. Copyright Office, government agencies are hands-off after registration. To guard against disputes over authorship, we advise that you always retain early drafts of your work and detailed records of the development of your ideas, including anyone you’ve shared it with along the way.
Copyright law provides the legal right to exclude others from copying, selling, performing, displaying, or making a derivative version of your “original work of authorship” – including both published and unpublished literary, dramatic, musical, and artistic works as well as computer software and websites.
The copyright registration process differs according to the type of material produced, but always involves sending a copy of your work and a processing fee. Typically, you will submit a copy of your work which you will not receive back. The work will then be made public. Your certificate of copyright protection will be mailed to you and timing varies depending on the work submitted.
The skilled attorneys at Reilly Intellectual Property Law Firm will help you prepare and submit your work for copyright protection and will help protect you against any possible infringement claims.
Infringement and Litigation
It is always advised that you protect your ideas and creations. Registering your idea with the appropriate protection can ensure that it remains your property. Should your idea be infringed upon, or should you be accused of infringement, our team can help protect you.
If and when an infringement dispute arises, we are there for our clients. We seek quick resolutions and have had good luck mediating and settling cases. While we are zealous advocates for our clients and make every effort to work with opposing attorneys.
Since intellectual property is protected by state and federal laws, infringement disputes are litigated in both court systems, as well as by arbitration and other alternative dispute resolution forums. In our ever expanding world, where there is an ever-growing global marketplace, IP rights are also an international concern.
We will walk you through the process of intellectual property litigation, explaining every step along the way.
Reilly Intellectual Property Law Firm
Reilly Intellectual Property Law Firm provides patent services to protect the inventions that change and shape our world. We handle handles patents, trademarks, copyrights and licensing legal services in Denver. Our experienced attorneys provide strategic guidance, patent counseling and prosecution, new product clearance and licensing, as well as counsel regarding patent enforcement and how to avoid possible infringement issues.
Our patent attorneys actively and aggressively represent plaintiffs and defendants in a wide variety of proceedings before courts both domestically and internationally. We provide solutions that anticipate our client’s need to protect their intellectual property so that their business thrives. We would love to work with you to develop a dynamic strategy that addresses your patent, trademark, copyright, and licensing concerns.