A copyright is legal right of the creator of an original work to make copies of his or her own work and to prohibit unauthorized copies of the work. A copyright exists as soon as the work is expressed in a fixed form. The copyright is intellectual property that can be licensed, sold, or otherwise treated like property. If someone creates an unauthorized copy of the work, this may be infringement of the copyright.
Gehrke & Associates will enforce your copyright, in registering works for stronger protection, and sorting through ownership, infringement and licensing issues. If you are involved in software development, we can help you use copyright protection to protect the work of its developers. We will also assist your business in establishing its work made for hire policies and contracts to be sure there is no confusion regarding who owns a copyright. |
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Registered Copyright
Copyrights are registered with the United States Library of Congress’ Copyright Office. Registration of a copyright establishes a public record of the copyright, allows an infringement action, is presumed by courts to be valid, and may allow recovery of statutory damages and attorney fees in an infringement case. Registration also allows U.S. Customs to protect your work from the importation of unauthorized copies.
Work made for hire
Who owns a copyright is sometimes a dispute in employment situations or contractual arrangements. Ideally, this issue should be addressed in any employment contract or service contract. A copyright created during employment may be the property of the employer depending on circumstances and prior agreements and practices.
Software
Often software is protected using copyright. Patent and trade secret protection are utilized as well. The use of copyright protection for software is complex and sometimes is not the best answer. If you are looking to protect software, you should discuss the benefits and pitfalls of using copyright with an attorney before taking any action.
International
There is no international copyright protection as such. Each country has different laws regarding copyrights and there are international treaties to help with registration and enforcement of copyrights. Since foreign rights sometimes vary depending on the circumstances of the first publication or release of a work, you should investigate the availability of foreign copyrights prior to publication or release.
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