Georgia Copyright Attorneys
Protecting Your Intellectual Property
Creative works are valuable assets. Copyrights safeguard the intellectual property of authors, musicians, software developers, and visual artists. This protection can be critical for preserving business interests and livelihood. Our experienced Georgia copyright attorneys can help you take the necessary steps to maintain control over your creative expressions.
What Is Copyright Protection?
Congress established copyright protection under Title 17 of the United States Code. This law grants creators of original works exclusive rights to reproduce or distribute copies of those works, to display them publicly, and to create derivative works. These protections apply nationwide, as federal law governs copyrights.
Although your works have protection under the law from the moment you create them in tangible form, this automatic protection may not be sufficient. Formal copyright registration brings legal benefits that are often essential for commercialization and enforcement.
What Can You Protect With a Copyright?
As stated by the U.S. Copyright Office, original works of authorship are protected under copyright law, including literary, musical, artistic, and dramatic works. The law does not protect ideas, facts, methods of operation, or systems, although it may protect their expression.
The following are some examples of intellectual property eligible for copyright protection:
- Novels
- Poetry
- Photographs
- Songs
- Movies
- Computer software
- Sculptures
- Architecture
How Are Digital Works Protected?
The Internet has dramatically affected the distribution and consumption of creative works. The Digital Millennium Copyright Act, passed in 1998, amended federal copyright law to address the challenges posed by digital copyright infringement.
Changes to the law include the following:
- Protections for online service providers when their users infringe copyrights.
- Legal protections against unauthorized access to works in digital formats.
- Making it unlawful to provide false copyright information, such as authors, titles, and copyright owners, or to remove or alter that information in certain circumstances.
Our attorneys can help clients issue formal takedown notices when unauthorized copies of their works appear online. We can also assist with the counter-notice process when content is wrongfully removed due to false infringement claims.
What Does Copyright Registration Involve?
To register a copyright claim, you must submit an application to the U.S. Copyright Office.
This submission must include the following:
- Application for copyright registration
- Filing fee (nonrefundable)
- Deposit (nonreturnable copy or copies of the work)
Generally, each work submitted for registration requires a separate application form, filing fee, and deposit. For visual arts, literary works, sound recordings, motion pictures, and other performing arts, electronic registration is preferred. Certain registration applications must be completed online. Others, such as applications to register vessel designs and renewal of copyright claims, must be completed on paper. Our seasoned lawyers can assist with every aspect of the registration process.
What Is the Value of Copyright Registration?
Timely registration of creative works gives you legal leverage and critical advantages in case of disputes. It establishes a record of your copyright claim, putting the public on notice of your ownership. When done within five years of publication, copyright registration establishes a presumption of validity. This means the court will accept the copyright as legally sound and assume the facts stated in the registration certificate are true. Presumption of validity shifts the burden of proof to the defendant, who must then provide sufficient evidence that your copyright is somehow invalid.
If you register within three months of publication or before an infringement occurs, you have the right to seek statutory damages. This allows you to recover compensation without having to prove financial losses, which may be difficult to calculate and show in court.
How Long Does a Copyright Last?
Copyright protection for works created after January 1, 1978, endures for the life of the author plus 70 years, as stated by the U.S. Copyright Office. The term of protection for works published before 1978 can vary depending on several factors.
What Recourse Do Creators Have Against Infringement?
Infringement occurs when unauthorized parties reproduce or distribute copyrighted works without permission, violating the exclusive rights of copyright owners. Technology today has made it easier to copy works such as music, movies, and digital imagery. While copyright infringement is illegal, it is typically prosecuted in civil rather than criminal proceedings.
In a copyright infringement claim, the court must determine if a valid copyright exists and if protected elements of a work were used without authorization. The plaintiff must demonstrate that the infringer had access to the work and that the two works are similar.
Our attorneys can thoroughly investigate infringement claims and begin enforcement by issuing a formal cease-and-desist letter, notifying the infringer of your legal rights, and demanding that the party immediately cease unauthorized use of your work. If the infringing party ignores the letter or continues to violate your rights, we can file a lawsuit in federal court. Our legal team can pursue all available remedies, including a preliminary injunction to stop ongoing infringement, damages, and attorney fees.
How Do You Defend Against False Infringement Allegations?
The fair use doctrine of the copyright statute permits limited use without permission of certain portions of copyrighted works for certain purposes, such as criticism, comment, news reporting, scholarly research, or teaching. Statutory factors must be analyzed to determine whether a particular use qualifies as fair use. The law does not set a specific number of words, musical notes, or percentage of a work.
If you are facing allegations of copyright infringement, our firm can provide aggressive defense. We can evaluate the claims against you and explore all legal defenses, such as fair use, independent creation, or demonstrating that the copied elements are not protectable expressions.
How Do Copyright Transfers Work?
Licensing Agreements
Licensing agreements can be an effective way to monetize creative works. While you retain ownership of the copyrighted works, a copyright license grants permission to another party to use them in a specified manner for a defined period. We can draft and negotiate licensing agreements to help protect your rights and ensure you receive fair compensation for your creative efforts.
Copyright Assignments
An assignment, on the other hand, transfers copyright ownership entirely. Our attorneys can draft assignment agreements that clearly define the rights being transferred to help prevent future ownership disputes. Clear documentation is essential for buying or selling intellectual property.
Why Partner With a Copyright Attorney?
Protecting your intellectual property is a vital investment in your creative legacy and future success. Our experienced attorneys at InPrime Legal can provide sound legal counsel and aggressive representation to secure your rights. We can create legal strategies tailored to your creative and business goals.
Our legal team will take the time to understand your portfolio and develop a proactive plan. We can handle complex administrative processes and legal filings while you focus on operations or creative endeavors. Our firm is here to help if you need assistance with filing a copyright registration application, negotiating a license agreement or assignment, protecting digital works, or litigating an infringement dispute in federal court. Call (770) 282-8967 to schedule a consultation with a Georgia copyright attorney.