Intellectual Property Law
Copyright Protection
At William Fischer Law, we’ve drafted and secured over 100 patents combined and continues to guide top Fortune 500 companies with protecting their assets and securing ownership of inventions. If you’re looking for guidance along the way and certainty that your application will be properly reviewed.
Your creative works are the foundation of your brand, business, or artistic career—don’t let them be stolen or misused. Copyright protection ensures that your original content, whether it’s writings, music, software code, marketing materials, or visual art, is legally recognized as yours. Without copyright protection, others can exploit your work without permission, leaving you with limited recourse. Registering your copyrights secures your exclusive rights to reproduce, distribute, and license your content, giving you the legal backing needed to defend your intellectual property.
Copyright registration is more than just a formality—it’s a crucial step in safeguarding your business and creative assets. With experienced legal guidance, you can ensure your work is properly documented and protected, allowing you to take swift legal action against infringers. Without a registered copyright, proving ownership in court can be challenging, and you may lose out on statutory damages that could otherwise provide financial compensation for unauthorized use.
Failing to secure copyright protection can lead to costly consequences. Imagine pouring time and resources into developing content, only to see a competitor copy and profit from your work while you struggle to assert your rights. The risk of plagiarism, content theft, or unauthorized use can significantly impact your revenue and reputation. Our team specializes in copyright protection, ensuring your intellectual property is legally safeguarded so you can focus on creating, innovating, and growing—without the constant worry of infringement.
Copyright Protection Frequently Asked Questions
What is needed to secure a copyright in my work?
Initially nothing is needed. Your copyright arises under law as soon as your creative expression (a.k.a. “work of authorship”) is affixed into a tangible medium viewable by you or others and no longer only as just an idea in your mind’s eye. This is true even if the work is not published. However, for a number of reasons, it may be advisable to register your copyright with the U.S. Copyright Office.
Can more than one form of intellectual property rights exist and be protected for a single thing?
Yes. One example is a website that may utilize a uniquely useful software application in its functioning (patent), includes original content, design, or artwork (copyright), and a brand name or logo (trademark).
How does a copyright owner detect infringement by others?
The concept of “policing” applies analogously as described above for trademarks. An intellectual property owner may periodically search the web or review other sources using word or image search tools. Alternatively, owners may consider using third party providers who specialize in policing intellectual property rights. Upon detecting copyright infringement, the owner communicates their findings to the alleged infringer and may attempt to negotiate a settlement without court litigation in the form. This may involve payment for prior unauthorized use, a license and royalty for permitted future use, or the alleged infringer ceasing the copying altogether.
Can a logo of a business be protected under US copyright law?
It depends. A logo for a business may be registered federally as a trademark if the application meets the legal standards. The same logo may also have a copyright if the logo contains a substantial amount of original authorship or creative elements. The existence of the trademark registration and the copyright protects both the commercial value and the creative content of the logo, and also provides greater leverage against infringers and multiple avenues for enforcement. That is, the copyright provides deterrence and the ability to stop use of the logo by others in many contexts besides in connection with a particular good or service “in commerce.”
Are creative works produced by just providing textual prompts to an artificial intelligence (AI) platform protected by copyright?
No. Although it is evolving, current US law and policy is that because such works do not have a human “author,” they are not protected by copyright law. In an application to the US Copyright Office to register a work, the applicant must disclose that AI-based tools were utilized to generate the works and also articulate the specifics of the contribution to the work by the human author(s). However, AI generated logos may be eligible for trademark registration by the USPTO.
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