Copyright

A copyright is the exclusive legal right of an author to reproduce, publish, sell, or distribute their original and creative ideas that are in a fixed, tangible means of expression.  An idea itself, however, is not copyrightable. 

Many clients that we deal with are not aware when copyrights are actually created.  Most initially believe that they must file an application for a copyright with the federal or state government before they can claim a copyright in a work.  While filing for a copyright can allow for additional protections, limited copyright protection arises as soon as an original and creative idea becomes fixed in a tangible form of expression, such as a web site, software, book, picture, sound recording, motion picture, etc.  With certain exceptions, once a copyright is created, the owner has the exclusive rights to do and to authorize any of the following:

• to reproduce the copyrighted work in copies or phonorecords;    
• to prepare derivative works based upon the copyrighted work;    
• to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;    
• in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;   
• in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and   
• in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

In addition to the confusion regarding the moment of copyright creation, there is also confusion about who actually owns a copyright once it is created.  Just because you created something copyrightable, or contracted for another to create something copyrightable for you, does not necessarily translate to your owning the copyright in the creation.  This is why it is important for you to discuss your intellectual property matters with an experienced intellectual property attorney. 

Our services for copyright matters include:

• Registration/maintenance
• Software/website development/licensing agreements
•  DMCA takedown notices/responses
• Cease and desist
• Asset transfers of copyrights
• Infringement litigation
• Employment and independent contractor agreements related to intellectual property creation or use

Please contact Albert L. Fary, III, Esq. at (804) 744-6133 for more information about protecting and managing your intellectual property.  Our firm is located in the greater Richmond, VA area and directions to us can be obtained from our contact/directions page.