This section is divided into three parts, namely: (a) Copyright Background; (b) Copyright Infringement; and (c) Copyright Registration. Please note that this brief overview of copyright law is provided as a free service and is not a substitute for the advice of an attorney. The information provided is general in nature and may not apply to your particular situation. If you have a legal matter, it is recommended that you seek the advice of a lawyer. If you have any questions, please click here.

A. Copyright Background

A copyright is the legal right to control a work of authorship such as a book, song, Internet website, or computer program. An original work of authorship is copyrighted at the time it is fixed to a tangible medium. For example, if you print out a copy of an original poem you wrote at home for your sweetheart, it is fixed to a tangible medium and you (most likely) own the copyright in the poem. Similarly, if you put your poem to music and record it, you (most likely) own the copyright in the sound recording. Though not required, it is always a good idea to use a copyright notice on your work to put the world on notice of your rights. The notice can be in the following form: © 2004 Mandour & Associates.

B. Copyright Infringement

Copyright laws generally prevent persons from impermissibly exploiting works created by others. The key inquiry in a matter of copyright infringement is whether substantial similarity exists between the works. To prove infringement, a party must establish ownership of the copyright and impermissible copying. If a party impermissibly copies the work of a copyright holder, a copyright holder may request that the user desist exploitation of the work. If the user refuses, litigation may ensue. If you are involved in a copyright infringement matter, you should seek the advice of an attorney

C. Copyright Registration

Although registration is not required to own a copyright, it is advisable to register your work with the United States Copyright Office. This is particularly true if you intend to publish your work. Copyright Registration provides valuable benefits including the right to recover statutory fees and attorneys fees for post registration infringements. In practice, the ability to recover attorney's fees often becomes the primary weapon for a copyright holder in the event of an infringement. A registered copyright notifies potential infringers that you are serious about protecting your intellectual property. Also, Registration is required when filing suit in a court of law. Lastly, a registered copyright tends to increase the value of both the copyright and the business which owns it.

Filing a Copyright Application

Our fees to prepare and file a Copyright Application are $495 per Application. Our fees do not include the Copyright Office filing fees which are generally $35 per Application. If you are interested in having us assist you with your Copyright Application, please click here.