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Author: Ury Fischer

Time Constraints on Registration

November 20, 2018 | by | Copyright Law

Copyright protection begins automatically as soon as the work is created. In other words, the author need not register the work in order to achieve copyright protection. However, in order to initiate a copyright infringement suit, registration is required. To achieve maximum protection, a copyright should be registered within three […]

Work for Hire

November 20, 2018 | by | Copyright Law

If, within the scope of his or her employment, an employee creates a copyrightable work, the employer is deemed the owner of the copyright. If, however, the creator of the work is an independent contractor or if the work is commissioned, the copyright will belong to the creator of the […]

Duration of Copyright

November 20, 2018 | by | Copyright Law

The Sonny Bono Copyright Term Extension Act, effective January 25, 1999, amends the provisions concerning the duration of copyright protection. The terms of copyright are generally extended for an additional 20 years. For works created after January 1, 1978, copyright protection will endure for the life of the author plus […]

Notice of Copyright

November 20, 2018 | by | Copyright Law

There are three elements required for copyright notice. These elements are: (1) the word “copyright” or an approved variation (including the symbol© , (2) the name of the copyright owner, and (3) the year of first publication. When notice is placed on copies of a copyrighted work, it must “be […]

Categories of Marks

November 20, 2018 | by | Trademark Law

There are four basic categories of marks. These include fanciful and arbitrary marks, suggestive marks, descriptive marks, and generic terms. Fanciful marks, such as EXXON® and XEROX®, are completely made-up. Arbitrary marks in no way describe the goods or services they are meant to identify. Examples of arbitrary marks include […]

Trademark Searches

November 20, 2018 | by | Trademark Law

A trademark search is recommended prior to use of the mark to ascertain whether the mark is likely to cause consumer confusion with an already existing mark. A search serves to ensure the validity of the mark. It is also important to keep in mind that trademark infringement does not […]

Trademark Notice

November 20, 2018 | by | Trademark Law

A trademark may be identify by placing the designation ™ adjacent to it (“sm” is sometimes used for a service mark). While this designation does not indicate that the mark is federally registered, it gives the public notice that trademark rights are claimed. The statutory notice® indicates that a mark […]