Experienced Representation for Domestic and International Copyright Matters
Copyright protects original works of authorship including writings, music and songs, software, photographs and works of fine art and design. Our copyright practice represents businesses, entrepreneurs, artists, authors, licensed professionals and other clients in all aspects of copyright protection and enforcement. We have helped our clients protect creative expressions ranging from architectural designs to software code, and we have litigated copyright disputes on behalf of local businesses as well as large international copyright owners.
Copyright Protection, Registration and Enforcement
Copyright protection differs from the protections afforded to other forms of intellectual property in many respects, and protection regimes vary across international borders. For example, in the United States, copyright protection takes effect at the time the work is created (which is not the case for patents or trademarks); however, independent creation is a defense to infringement even in cases where two parties create identical, “original works of authorship fixed in [a] tangible medium of expression.”
With our extensive experience representing a broad range of copyright owners, we are able to skillfully advise copyright owners, assignees, and licensees with regard to protection strategies and means of enforcement. We provide vigorous defense for alleged infringers as well, and we routinely represent parties on either side of copyright disputes in informal settlement negotiations, alternative dispute resolution (ADR) proceedings and in federal district court litigation in Florida and in other courts nationwide.
Our services in the copyright realm include:
- Copyrightability and Registration
- International Protection
- Legal Opinions Regarding Infringement Claims and Litigation
- Copyright and Open Source Audits
With the help of our network of corresponding attorneys, we are able to secure protection for clients’ copyrights in the United States, Canada, Mexico, Australia, New Zealand, South America, Europe, Africa, Asia, the Caribbean Basin and the Middle East. In all cases, we serve as our clients’ single point of contact in order to facilitate clear communication and ensure alignment of protection efforts in the U.S. and abroad.
FAQs About Copyright Protection and Enforcement
Q: How do companies acquire copyrights in the U.S.?
Under the U.S. Copyright Act, companies can acquire copyrights through three basic means: (i) as the employer of an individual who creates an original work within the scope of employment, (ii) by execution of a “work made for hire” agreement, or (iii) through assignment.
Q: When do owners need to register their copyrights in the U.S.?
While copyright protection is automatic in the U.S. for original works of authorship, there are numerous benefits to registering works with the U.S. Copyright Office. Our attorneys can explain the benefits for your particular circumstances and help you develop a suitable registration strategy.
Q: Should I apply for a copyright registration or design patent registration?
Copyright registrations and design patents offer different forms of protection, and last for different periods of time. They are not mutually exclusive and, in some cases, it is worthwhile to obtain both. We also maintain a robust patent practice, and our attorneys can advise you regarding the best path forward.
Q: What can I do if my copyrighted work is being circulated online?
Copyright owners have a few different options when it comes to protecting their works online. In many cases, the Digital Millennium Copyright Act (DMCA) will provide an adequate remedy. If not, owners can re-establish exclusivity of publication and distribution through other means.
Contact Us for a Confidential Consultation