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Copyrights

Copyright encompasses a bundle of rights provided to the authors of "original works of authorship." This includes published and unpublished works of a variety of types such as books, plays, music, sculptures and computer software. The rights holder has exclusive derivation, reproduction, distribution, performance and display rights for the original work for a limited time. These rights only extend to the creative elements of the expression of the work, not its subject matter.

For example, a book about a machine such as the Hindenburg could be copyrighted. However, the copyright would only extend to the creative elements of the expression within the book. It would not prevent others from making or selling machines like the Hindenburg. Nor, would it prevent them from making other books or movies about the blimp, its creation or destruction.

Once vested with a copyright, the right holder may sell, transfer or license nearly any portion of their rights. U.S. copyright law requires deposit, but not registration. However, to enforce their rights, or collect statutory damages, U.S. copyright owners must register and deposit their works with the Copyright Office of the Library of Congress.

An experienced copyright attorney may assist an author, publisher or other rights holder not only in registering their copyrights, but also in negotiating or drafting sale, transfer or license agreements for nearly any subset of these rights. An attorney trained in intellectual property and the arts, may also advise regarding the extent of copyright protection and the exceptions to its application. This attorney may give an opinion regarding other protections afforded certain forms of intellectual property such as moral rights, digital rights management, patents, trademarks and trade secrets. Some situations may require the discussion and planning for issues of varying complexity including differences in state, federal, and international law, or the doctrines of fair use, compulsory license, and termination of transfer. Of course, if your copyrights are infringed, or if you are accused of infringing another's copyrights an attorney that focuses on IP is best trained to advocate on your behalf, and litigate your case through trial and appeal.

Federal Copyright Statute (17 U.S.C. 101, et. sq.)
About
Contact
Glossary
Podcasts
Copyrights Domains Patents Trademarks Trade Secrets Unfair Competition

Peter Koziol, Esq. - Assouline & Berlowe, P.A - 213 E. Sheridan Street, Suite 3 - Dania Beach, Florida 33004 - (954) 929-1899

Copyright © 2003-2008.


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