Copyrights

Protecting and enforcing copyrights are a cornerstone of our intellectual property services. We have vast experience in this field—regularly assisting clients to secure copyright privileges and ownership of copyright assets, including assignments from third-parties and independent contractors, dealing with employee issues, authorship and joint authorship matters, idea submission and work for hire issues. We provide strategic advice regarding licensing copyrighted works, entertainment properties and software, including counseling clients on open source issues. We also counsel clients on enforcing copyrights.

Our broad expertise reflects the diverse nature of copyrightable works. From architectural works and software to toys, works of art, music, artwork, to websites and marketing materials, we protect and enforce our clients’ copyrights by registering their rights with the U.S. Copyright Office and issuing cease and desist letters on our clients’ behalf.

What is a Copyright?

According to the definition the USPTO gives it, a copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.

What Does a Copyright Protect?

Copyright is a form of intellectual property law.  It protects original works of authorship including literary, dramatic, musical, and artistic works.  For example poetry, movies, novels, songs, architecture, computer software, compositions, etc. A copyright does not protect facts, ideas, systems, or methods of operation.

How is a Copyright Different From a Patent or a Trademark?

Copyright protects original works of authorship, while a patent protects inventions or discoveries. Ideas and discoveries are not able to be protected by copyright law.  A trademark, for example,  protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.

What Role Does a Copyright Notice Play?

Until 1989, a published work had to contain a valid copyright notice to receive protection under the copyright laws. But this requirement has changed, now works first published after March 1, 1989 do not need to include a copyright notice to gain protection under Federal Copyright Law.

Even though a copyright notice is not required, it is still very important to include one. When a copyrighted work contains a valid copyright notice, an infringer cannot claim in that they didn’t know it was copyrighted. This makes it much easier to assert your copyright rights against an infringer and if you are in court to win a copyright infringement case.  In addition the very existence of a notice might discourage another party infringing upon (copying) it.

What is a Valid Copyright Notice?

A copyright notice should contain:

• the word “copyright”
• a “c” in a circle (©)
• the date of publication, and
• the name of either the author or the owner of all the copyright rights in the published work.

For example, Copyright © DATE,  Author.

In the United States, a copyright owner can significantly enhance the protection afforded by a basic copyright by registering it with the U.S. Copyright office.

The creator of a copyrighted work does not always own the copyright. In some cases other persons or entities own the copyright. There are also rules governing copyright ownership when two or more people create the work. Finally, copyright owners can assign or license rights to the copyright to others, particularly for the purpose of marketing the protected work.  Copyright owners can also assign them in death to a beneficiary.

When Someone Other than the Creator Owns the Copyright

There are several exceptions to the general rule that the creator of a work owns the copyright to the work.

Work for Employer: If an employee creates a work in the course of his or her employment, the employer owns the copyright.

Work “Made for Hire”: If an independent contractor creates a work which qualifies as a work “made for hire,” then the hiring person or firm owns the copyright if the work is one of the following:

• part of a larger literary work, such as an article in a magazine or a poem or story in an anthology,
• part of a motion picture or other audiovisual work, such as a screenplay
• a translation,
• a supplementary work such as an afterword, an introduction, chart, editorial note, bibliography, appendix, or index,
• a compilation,
• an instructional text,
• a test, or answer material for a test, or
• an atlas.

Works Sold to Another: If the creator sells the entire copyright to another person or business, that buyer becomes the copyright owner.

Copyright Ownership in Joint Works

When two or more authors prepare a work with the underlying intention to combine their contributions into inseparable or interdependent parts then the work is considered joint work and the authors are considered joint copyright owners.

The U.S. Copyright Office considers joint copyright owners to have an equal right to register and enforce the copyright. Unless the joint owners make a written agreement to the contrary, each copyright owner has the right to commercially exploit the copyright, provided that the other copyright owners get an equal share of the proceeds.  This is a frequent area of disputes and so it is one that is best handled in a formalized writing.

Rights Belonging to the Copyright Owner

The Copyright Act of 1976 grants a number of exclusive rights to copyright owners, including the:

• reproduction right — the right to make copies of a protected work
• distribution right — the right to sell or otherwise distribute copies to the public
• right to create adaptations — the right to prepare new works based on the protected work (called derivative works), and
• performance and display rights — the rights to perform a protected work (such as a stageplay) or to display a work in public.

Transfer of Copyright Owner’s Rights

When a copyright owner wishes to commercially exploit the work covered by the copyright, the owner typically transfers one or more of these rights to the person or entity who will be responsible for getting the work to market, such as a book or software publisher.  Licensing agreements and royalty fees are common place in a situation such as this.

When transferring a copyright, it is common for a copyright owner to place some limitations on the rights being transferred. For example, the owner may limit the transfer to a specific period of time, allow the right to be exercised only in a specific part of the country or world, or require that the right be exercised only through certain media, such as hardcover books, audiotapes, magazines, or computers. When only some of the rights associated with the copyright are transferred, it is known as a “license.”  Authors or their heirs have the right to terminate any transfer of copyright ownership 35 to 40 years after it is made. It is important for a Sacramento Copyright Attorney to assist you with transfers and agreements.

Contact a Sacramento Copyright Attorney

We are experienced Sacramento Copyright Attorneys. We have helped many individuals and companies with their intellectual property law issues including licensing, trademarks, copyrights and intellectual property contracts.  Our Sacramento Copyright Attorneys can help you protect your most important assets and give you the great legal advice and strategy needed to get you the results you want.  Contact us today to schedule your complimentary attorney consultation by clicking HERE or by calling 916-999-1376. We look forward to helping you with all of your Sacramento copyright law needs.