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Washington DC Copyright AttorneyWe offer a full range of legal services relating to copyrights, including:
- Counseling clients regarding protection and use of works subject to copyright protection.
- Performing copyright searches and rendering opinions as to the potential use of works possibly subject to copyright.
- Preparing, filing and prosecuting copyright registration applications.
- Rendering infringement, validity and ownership opinions relating to copyrights.
- Negotiating, drafting and recording copyright licenses, assignments and other contracts relating to copyrights.
- Handling copyright related disputes, and handling litigation relating to copyright matters.
Copyrights — A Brief Guide
Copyright law protects original works of authorship by making illegal the unauthorized copying of such a work. Copyright law is most commonly used to protect literary or artistic expression, as well as other media that derives value from the manner in which information is expressed. Books, movies, computer programs, and musical scores are examples of works protected by copyright. Other examples of protectable works include business writings, semiconductor chip layouts, and building facades.
It is important to understand that copyright law protects only the expressions of ideas, not the ideas themselves. Unlike patents and trademarks, copyrights, only the copying of a “work or authorship” is prohibited--anyone may copy the ideas contained within a work. For example, an artist may have a copyright in a painting of a landscape, but that right would not prevent others from painting the same landscape. Thus, copyright infringement requires proof of copying because independent creation (the absence of copying) is a defense to infringement.
Copyright owners have exclusive rights such as the right to use and copy the created work, prepare derivative works, distribute copies, and display the work. These rights are established immediately and automatically upon fixing, writing, or recording of the work. There is no need to sell the work (unlike trademarks) or to register with the federal government (unlike patents).
Federal registration is generally recommended because it establishes a public record of the copyright claim. In addition, copyright registration is normally required before an infringement suit may be filed in federal court.
To best preserve the copyright in a work, and to warn others of the copyright in the work, all copies of the work should have a copyright notice affixed to them.
The Value of a Copyright
The owner of a copyrighted work has the exclusive right, subject to some limitations, to engage in, and to authorize others to engage in, the following activities:
- Copying of the work.
- Adapting the work.
- Distributing copies of the work.
- Publicly displaying or performing the work.
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