Practice Areas - patent prosecution, trademark and copyright registration, trade secret, internet domain names, licensing, intellectual property disputes
Copyright Registration
Regardless of whether your field of endeavor is art, music, writing, or other creative expression, your creativity is valuable. Your originality separates your work from that of your competition, and provides your position in the marketplace. It is therefore important to consult with a copyright attorney to ensure that your creative works are properly protected.
Prompt filing of copyright registration applications is critical. If your copyright is infringed prior to the effective date of copyright registration (the date the complete application is received by the US Copyright Office), then you lose the right to collect statutory damages and attorney fees against that defendant for any infringement of the previously infringed work. Actual damages may be difficult to prove, so statutory damages and attorney fees are powerful tools in the copyright enforcement toolbox. It is important to preserve the availability of these tools with prompt filing of the copyright application.
The degree of originality required to obtain copyright registration is small. However, if your work is based on pre-existing works, then these works must be listed in the copyright application. Furthermore, it may be necessary to negotiate a license with the owner of the original works prior to applying for registration and prior to distributing your work. Again, promptness is advantageous: a compulsory license can be claimed for certain musical recordings, but the owner of the copyright for the underlying work must be notified no later than 30 days after recording your work, and prior to any distribution of your work. A copyright lawyer can provide valuable assistance in addressing these issues.
My copyright experience includes handling a variety of copyright registration and infringement issues, including Digital Millennium Copyright Act issues. I am also experienced at handling copyright disputes.
To maximize the value of my services to my clients, all projects receive my personal attention. Please do not hesitate to contact me with your copyright questions and needs.