CALIFORNIA COPYRIGHT ATTORNEY
Copyright is a form of legal protection that gives creators of original works a bundle of rights to an original work of authorship. Copyright, which covers both unpublished and published works, is used to protect certain works of authorship such as musical compositions, books, articles, songs, plays, computer software, code, and architecture. Importantly, copyright protects the way that an idea is expressed, rather than the idea itself. Other forms of intellectual property, such as inventions and business logos, are protected by patents and trademarks respectively.
A copyright gives its holder various exclusive rights with respect to his or her intellectual property, including the following:
- The right to distribute the work
- The right to create derivative works
- The right to display the work
- The right to perform the work
- The right to reproduce the work
Intellectual property is often the most valuable asset of a business. In fact, for a sizeable percentage of tech startups, intellectual property is often the primary asset raising capital. For this reason, it is essential for any business with valuable intellectual property to speak with a California copyright lawyer as soon as possible. To discuss your IP needs with one our lawyers, please send us an email through our online contact form.
Do You Need to Register Your Copyright?
The moment a work is created in a fixed form, copyright protections become available. Therefore, if you record a piece of music, write a story, or save your computer program to your hard drive, you can assert copyright rights. Yet it is extremely important that you register any copyright with the United States Copyright Office, as doing so provides significantly stronger protections. For example, you can only file a lawsuit for copyright infringement if you have registered your copyright. Should litigation regarding your copyright ever arise, having registered your copyright prior to the infringement will provide additional potential remedies such as statutory damages and attorneys’ fees.
California Copyright Infringement Attorneys
To prove copyright infringement, a copyright holder must demonstrate direct evidence that the defendant copied the work or indirect evidence that the defendant accessed the work. In addition, a person must show that the work used is substantially similar to a work that has been protected by copyright. A work is considered substantially similar if an average observer would find that its overall look and feel is the same as the work to which it is being compared. At Mandour & Associates, we are very familiar with copyright infringement law and can help determine whether a work may infringe on an existing copyright.
Representing Plaintiffs and Defendants Involved in Copyright Litigation
While some copyright infringement cases can be resolved with the delivery of a cease and desist letter, others require lawsuits. Copyright litigation is an extremely complicated matter. Both plaintiffs and defendants should retain qualified legal counsel as soon as it becomes clear that a dispute may arise. In addition, it is advisable not to speak to the adverse party or any third parties whatsoever until you first speak with a copyright lawyer.
Contact Mandour & Associates Today for a Consultation with a California Copyright Lawyer
If you or your business has legal needs related to copyright or any other aspect of intellectual property law, you should speak to a copyright attorney as soon as possible. We focus our practice on IP, allowing us to provide our clients with effective and solution-driven legal counsel and representation. To schedule a consultation with one of our California copyright attorneys, send us an email through our online contact form today.