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Intellectual Property: Copyright

Central Florida Copyright Lawyer

Copyright law provides protection to authors who produce original dramatic, literary, artistic, musical and other intellectual works. The originality of the product does not demand uniqueness or even novelty, but it does require that the work be "independently created by the author" and possess "some minimal degree of creativity." A mere discovery is not sufficient. See Feist Publications v. Rural Telephone Service, 499 U.S. 340, 369 (1991). It is also important to bear in mind that creative expression may come in many forms and is not limited by merit or a particular category.

Orlando Business Lawyer Handles Copyright Matters in Orlando and Across Central FloridaCopyright protection starts from the moment the work is established in a fixed form by the author, such as when it is written down or typed. Applicability of copyright protection does not require that copies be produced or that the work be published, registered with the U.S. Copyright Office, or be made known to others. Contrary to popular misconception, the placement of © on the work or production is also not required. It is important to remember that while copyright does not protect ideas or functional aspects of works, it is still possible for a work to possess both creative expression as well as elements of pure functionality. For example, if a graphical work contains a useful aspect, it may still be protected if its aesthetic components can be distinguished and separated from its utilitarian functions.

Registration of a work requires completing an application, submitting copies of the work to the U.S. Copyright Office and paying a fee. Once the work is filed an examination is performed to determine whether registration should be permitted. Once accepted, a successful registration of a copyright work offers a number of advantages, including award of attorney fees arising from breach, ability to bring an infringement action, constructive notice of the copyright ownership, statutory damages and perhaps presumption of validity. While there are a lot of exceptions to these rules, the importance of registering a copyright work can never be overemphasized. Remedies for infringement may include damages for lost profits, an injunction, impounding of infringing works, attorneys' fees and criminal penalties under certain circumstances for willful infringement.

Categories of Copyrightable Work

Properly registering your copyright with the Library of Congress Copyright office is essential to establish a public record that officially protects your work. Due to the complex nature of dealing with the Copyright Office with strongly suggest you contact us to ensure the applications are registered correctly. Orlando copyright lawyer Jonathan K. Allen has helped many clients in the past registering copyrights and will be honored to help you too!

Specific categories of copyrightable work include:

  • Literary works such as manuscripts, books and films.
  • Musical works, which encompass all known genres.
  • Dramatic works, such as plays, radio and opera.
  • Pantomimes and choreographic works such as ballet or mime. (Many works under this category also qualify under dramatic works.)
  • Pictorial, graphic, and sculptural works, such as diagrams, maps, photographs, and certain reproductions.
  • Motion pictures and other audiovisual works such as slide shows, video games and many forms of conceptual artistry.
  • Sound recordings. This category is defined to include works which "…result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work, regardless of the nature of the material objects, such as disks, tapes, or other phonorecords, in which they are embodied." 17 U.S.C. §101.
  • Architectural works which involves "…design of a building as embodied in any tangible medium of expression, including a building, architectural plans or drawings…" 17 U.S.C. §101.

Expienced Legal Representation from Orlando Copyright Attorney

If you are looking for an aggressive and experienced law firm to provide you with advice or assist you with registration of your copyright filing, don't hesitate to contact us, at 407-205-2330 for a free consultation. You may also fill out the online form located at the top of this page and our Central Florida Copyright Lawyer will contact you shortly. We would be honored to assist you

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390 N. Orange Ave, Suite 2300, Orlando FL 32801 * Main Phone: (407) 205-2330 * Direct Phone: (407) 205-2330 * Fax: (407) 442-0679

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