PHEW! You’ve just found one the best Copyright Law Firms in NYC

Whether you’re being sued for copyright infringement, intend to sue, or are seeking to prevent lawsuits by registering a copyright (best option) – we’ve got you covered at Fairchild Law.

Fairchild Law firm represents clients who produce creative works, whether it’s an original work or a derivative work. The founder of Fairchild Law Steve Fairchild has years of intellectual property attorney experience protecting creative works under Copyright Law and/or Patent Law.
We protect those who create, own, and manage copyrightable content. Whether you’re a company, or an individual, an investor or an artist – Fairchild Law offers comprehensive Copyright Law solutions and practical advice to help you stay competitive and successful.

What is a Copyright?

In short, a Copyright is the exclusive right, given by the government to a creator of a creative work, to reproduce the work. Creative works suitable for copyright include literary, artistic or musical forms. Copyright Law only protects the original expression of an idea in the form of a creative work, but does not protect the idea itself. For example, Harry Potter’s Halloween costume falls under J.K. Rowling and Warner Bros Pictures copyrighted property, but not every wizard’s costume with a robe and round glasses.

What constitutes a creative work under Copyright Law?

Short answer – a wide range of creative, intellectual, or artistic forms.

Longer answer – there are eight general categories, including (1) literary, musical, and dramatic works, (i.e., poems, novels, screenplays, and movie scripts); (2) sound recordings; (3) choreographic and pantomime works; (4) graphic, pictorial, and sculptural works; (5) computer software; (6) architectural works; (7) motion pictures; and (8) compilations of works and derivative works.

In a nutshell, the specific form or manner of expression of ideas are covered by copyright. Copyright law does not cover the ideas or information themselves.

A few other examples:

So, can a business logo be covered by a copyright? Sorry, but no. The US copyright office draws a line that business logos are covered by Trademark Law. We can help with that.

A business plan – actually, yes.

Draft of novels and screenplays – yes, they can be covered. The work does not have to be complete. In fact, I advise clients to have their draft manuscripts registered for copyright before their agent sends it to publishers. The reason is to protect your rights. You don’t personally know who’s going to read it, or if they’ll copy your ideas but deny your work for publication.

Invention ideas – yes, you can have them registered for a copyright.

How long do US Copyrights last?

Generally for works created after January 1, 1978, the protection of Copyright last for the life of the creator plus another 70 years.
However, it should be stressed that the date of first publication could alter the term length of a Copyright.

Territorial nature of Copyrights

Like other aspects of intellectual property law, a United States Copyright only protects the work within the territorial boundaries of the United States. Sorry, there are no international copyright. If someone copies your photograph and distributes copies of it in Russia, there is not a lot you can do.
That said, if copy it in Russia, but then sell copies of your work in the United States, then yes, you can block that.

Who is the Rights Holder (Copyright Owner) under Copyright Law?

Oftentimes, a Copyright to a creative work is shared. Usually, this happens when multiple people contribute to the creation of a creative work for copyright.

For example, joint authors – or an editor – to a book would have equal rights to the copyright. That can create a legal nightmare down the road if there is a business dispute. Usually, one author hires a co-author or an editor to assist with the book. It is strongly recommended to do this with a written contract.

Work-For-Hire Doctrine

This leads us to the work-for-hire doctrine. Under this rule, if someone hires creative people to assist in the creation of the larger work, then the employer owns the copyright to the overall work. However, it must be put in a written contract. Please do not do use oral agreement. They’re a nightmare to sort out in legal disputes.

Put another way, if someone hires you to assist them in producing a creative work, and you sign a written contract, then the person who hired you owns the copyright. It doesn’t necessarily have to be a business. It could also be a single person who needs help.

The Fair Use Doctrine

Copyright Law does not prohibit all copying and replication. Some copying is allowed under the “Fair Use Doctrine.” Now, there are no precise boundaries of what constitutes “fair use.” This could get murky and it is strongly advised to talk to an intellectual property attorney.

There are four factors to determine “fair use.” These are:
(1) purpose and nature of copier using the protected work
(2) nature of the copyrighted work
(3) the amount and proportion of the whole work that was taken
(4) effect of the use upon the potential market of the whole work

Here’s an example. The owners of “Godzilla” are notorious for going after potential copyright infringers who use lizards with spiked backs. I heard of a bar owner who created a beer tap in a similar design to Godzilla. Instead of breathing fire, this Godzilla spat out beer. That’s cute if you ask me. However, the Godzilla owners found out and told him to stop. I believe he actually did stop because he got too many nasty letters and it wasn’t worth the legal bills. But he definitely did have a strong fair use defense should he choose to defend his beer tap in court. They’re two entirely different industries and beer tap in a bar wouldn’t really hurt Godzilla movie profits.

Digital Millennium Copyright Act

The Digital Millennium Copyright Act is a law passed in 1998 in the United States to implement several world intellectual property agreements. It’s intended to protect service providers and copyrighted content in this age of digital distribution. However, it is a fairly new law with ongoing interpretation.

The Digital Millennium Copyright Act also provides a safe-harbor protection for Internet service providers against claims of copyright infringement. This remains a controversial topic for the DMCA.

How does Copyright Law intersect with Patent Law

Short answer – they doesn’t officially. This is why you need intellectual property attorneys who understand both realms. Intellectual property attorneys with a with years of experience in related intellectual property practice areas can advise you on which to pursue.

The benefits of registering the work for copyright

There are many!

First, it makes it easier to assert your rights. Registering for the copyright gives a court conclusive proof of when the work was created. You need obtain a certificate of registration within five years of the creation date to be prima facie evidence of the originality of the work.

Second, it allows temporary injunctions of someone infringing on your work.

Third, it permits “Cease & Desist” Letters. No one likes getting nasty attorney letters threatening great legal action.

Fourth, you can sue for copyright infringement. You cannot sue for copyright infringement without first registering the copyright.

Fifth, if you register your work within three months of its creation, you can be awarded statutory damages. These can be large amounts of money, but it’s forfeited if you fail to register outside of the three-month window after creating the work. Also, if someone willfully infringes your copyright, you might be able to recover your attorney fees in a copyright infringement lawsuit.