SAN DIEGO COPYRIGHT ATTORNEY
The United States Copyright Office defines copyright as a type of legal protection available in the United States to the authors of “original works of authorship.” Examples of works that can be copyrighted include movies, books, plays, software, websites, and paintings. A copyright gives the person holding it the exclusive right to do—or authorize others to do—certain things with respect to a copyrighted work, including the following:
- Reproduce the work
- Create derivative works based upon the work
- Distribute the work to the public
- Display the copyrighted works publicly
For many businesses and startups, particularly in the technology sector, intellectual property is their most valued asset. For this reason, it is critical for businesses and entrepreneurs to do everything possible to protect their IP.
Under U.S. copyright law, to be copyrighted, a work must simply be fixed to a tangible medium. For example, lyrics written down on a piece of paper and software code saved to a computer’s hard drive are automatically copyrighted. It is important to understand, however, that an unregistered copyright is far more difficult to enforce than one that is properly registered and recorded. For instance, registration is required to file a copyright infringement lawsuit, and if the work is registered prior to an infringement it entitles the copyright owner to statutory damages and attorney’s fees.
Copyright infringement occurs when someone engages in the unauthorized use of original elements of a copyrighted work. Generally speaking, for a work to be deemed infringing, it must be “substantially similar” to the copyrighted work, when considered by the average observer. In addition, there must be either direct evidence that the defendant copied the work or indirect evidence that the defendant had access to the work. Our lawyers understand the standards used by courts when considering the issue of infringement, and we are qualified to provide counsel to both plaintiffs and defendants in matters of alleged copyright infringement.
While some copyright infringement cases can be handled through simple negotiation or the issuance of a cease and desist letter, others end up in court. Our skilled San Diego copyright attorneys are experienced litigators who are committed to providing effective representation to parties involved in copyright litigation.
Contact Mandour & Associates Today to Speak with a San Diego Copyright Lawyer
Copyright is a complex area of law, and anyone with legal issues related to copyrights or any other matter related to IP should speak to an attorney as soon as possible. The San Diego copyright attorneys of Mandour & Associates serve an international clientele from our office in San Diego, and we are committed to providing effective and solution-oriented legal representation. If you need our assistance, please send us an email through our contact form or today.