Copyright is a form of protection provided by the laws of the United States to authors and creators of “original works,” including literary, dramatic, musical, artistic, and certain other intellectual works. Significantly, with digital works – from software code to web site creations – copyright is the primary means of protecting those works.
Unfortunately, with easy electronic access to many digital works, a valuable copyright may be infringed with the simple click of a mouse or a screen touch on mobile device. Through peer-to-peer file sharing networks, digital lockers, bit torrents, and other sophisticated means, it is easier than ever to steal intellectual property online or through other communications networks.
Fortunately, U.S. copyright law entitles content owners victimized by copyright infringement to actual or statutory damages. Attorney’s fees are also available in many instances. However, the availability of such legal remedies may depend on whether a work has been properly registered with the U.S. Copyright Office. In addition, injunctive relief in the form of temporary restraining orders and preliminary injunctions are also frequently available. Knowing when and how to pursue available legal and equitable remedies requires experienced legal counsel.
At Szaferman Lakind, our intellectual property attorneys are versed in copyright protection, enforcement and litigation. We have extensive copyright experience and service individuals and businesses in all things copyright, including the following:
- Copyright Registration and Protection
- Copyright Licensing (exclusive licensing and nonexclusive licensing)
- Transfer of Copyrights (through sale or otherwise)
- Copyright Litigation and other Intellectual Property Litigation
- “Fair Use” under Copyright Law
- “Works for Hire” under Copyright Law
- Copyright Infringement Matters
- Software – Proprietary and Open Source
- General Counseling about Copyrights
- Contracts (nondisclosure and confidentiality agreements)
- Digital Millennium Copyright Act (“DMCA”) guidance and counseling
- DMCA and Internet Issues and Matters (including take down notices, counter notices, safe harbor procedures)
- International Copyright Protection