Copyrights Overview
A copyright is a legal protection granted to the creators of original literary, artistic, and intellectual works, giving them exclusive rights to reproduce, distribute, and display their creations for a specified period, typically the lifetime of the creator plus 70 years or 95 years in the case of a work-for-hire. Copyright protection ensures that others cannot use, copy, or profit from the work without the creator’s permission.
Frequently Asked Questions (FAQ)
A copyright is a legal protection granted to the creators of original literary, artistic, and intellectual works, giving them exclusive rights to reproduce, distribute, and display their creations for a specified period, typically the lifetime of the creator plus 70 years or 95 years in the case of a work-for-hire. Copyright protection ensures that others cannot use, copy, or profit from the work without the creator’s permission.
Copyright protection extends to a wide range of creative and intellectual works. Specifically, copyright protects original literary, artistic, musical, and dramatic creations, as well as other intellectual works like software code, architectural designs, and even certain choreographic works.
Copyright protects and author’s artistic expression. Copyright does not protect things such as ideas, concepts, facts, data, individual words or short phrases.
A Copyright is created the moment when an author creates a creative work. However, authors can federally register their copyrights to gain extra added advantages including the ability to enforce the copyright in court, the right to statutory damages, and the right to attorney’s fees.
While this is a fast-moving topic in Copyright law, the Copyright Office and a few courts have started to give some frameworks to these issues. General speaking, copyrights may only be claimed by human beings. Therefore, images and art created by Generative AI is generally not copyrightable. Text that is generated by large language models such as ChatGBT are not copyrightable as they are delivered by the language model. However, to the extent that the text is subsequently edited by a human being, those edits would be copyrightable.
Having us prepare your copyright application offers numerous advantages over attempting to do it yourself. As copyright lawyers, we possess specialized knowledge and experience in copyright law, ensuring that your application is properly prepared thereby increasing the likelihood of a successful registration. Furthermore, we can navigate complex legal requirements, and handle any inquiries from the Copyright Office that may arise during the registration process. By working with a trademark lawyer at Leyendecker & Lemire, you can save time, avoid common pitfalls, and maximize the protection of your copyrights.
If you discover that someone is using your copyrighted materials, it is crucial to take prompt action to protect your copyrights. The first step is to gather evidence of the infringing use, such as photographs, screenshots, or samples of the infringing products/images.
Next, contact Leyendecker & Lemire and consult with a qualified copyright attorney who can guide you through the process of enforcing your copyrights. They will help assess the strength of your copyright claim and advise you on the available courses of action.
One option and typically the first action is to send a cease-and-desist letter to the infringing party, demanding that they stop engaging in their infringing activities. The cease-and-desist letter may also be accompanied by a DMCA notice and takedown letter to any website that is hosting the infringing content. In many cases, a well-drafted cease and desist letter and DMCA takedown letter can resolve the issue amicably, without the need for litigation.
If the infringer refuses to cooperate or the infringement continues, pursuing legal action may be necessary. We can assist you by filing a lawsuit for copyright infringement in federal court. Successful litigation can result in injunctive relief to stop the infringing use and potential damages or other remedies.
Remember, protecting your copyrights is essential to safeguarding your valuable creative assets. Acting swiftly and seeking legal guidance will help you assert your rights and prevent unauthorized distribution, reproduction and sale of your copyrighted works.
If you have been accused of infringing someone else’s copyrights, it is essential to take the matter seriously and seek legal guidance at Leyendecker & Lemire to protect your rights and interests. Here are some steps to consider:
Call us. One of our copyright attorneys will review the accusations against you, assess the strength of the copyright claim, and provide you with the appropriate legal advice.
Gather evidence: Collect all relevant documents or any other materials that can help evaluate the alleged infringement. This evidence will be crucial in determining the merits of the claim and formulating a strong defense.
Evaluate the validity of the claim: We will examine the validity of the accuser’s copyrights looking for any potential weaknesses or challenges that can be raised in your defense. We will assess factors such as your use of the nature of the copyrighted work, the strength of any copyright, whether the work has been registered, and the facts and circumstances surrounding your alleged usage of the copyrighted work.
Respond to the accusation: Your Leyendecker & Lemire copyright attorney will help you craft an appropriate response to the infringement claim, addressing the specific issues raised, and asserting your defenses. This may involve challenging the validity of the copyright, asserting fair use, parody, or other extenuating facts or circumstances.
Negotiate or resolve the dispute: Depending on the circumstances, it may be possible to negotiate a settlement or reach a resolution with the copyright owner outside of court. We can guide you through the negotiation process and help you explore potential options.
Prepare for litigation, if necessary: If a resolution cannot be reached, litigation may be necessary to defend your rights. In such cases, we will prepare and present a strong defense in court, protecting your interests throughout the litigation process.
Responding to an accusation of copyright infringement requires careful analysis, strategic planning, and legal expertise. Working with a skilled copyright attorney at Leyendecker & Lemire is crucial to ensuring your rights are protected and to achieving the best possible outcome in the dispute.
Satisfied Clients
“Peter worked with me through two copyright projects – he was thorough, professional, affordable, knowledgeable, and great to work with! I would recommend him to any entrepreneur seeking advice/service around your intellectual property.”
