Copyright Registration & Counseling
With long experience, we understand the intricacies of trademark and copyright application procedures and grants of registration rights, to ensure you secure and protect the broadest scope of your rights.
Copyright Registration & Counseling
Copyright subsists in original works of authorship from the moment of creation and fixation in a tangible medium. Although registration is not a requirement for protection, it is generally inexpensive and the copyright law provides important advantages to copyright owners who register their works, including:
- registration establishes a public record of the basic facts of a copyright claim;
- for U.S. works, registration is necessary before an infringement suit may be filed in court;
- if made before, or within five years of, publication, registration constitutes prima facie evidence of the validity of the copyright and of the facts stated in the registration certificate;
- if registration is made within three months following publication of the work, or prior to another’s infringement of the work, registration permits a prevailing copyright owner to seek statutory damages and attorney’s fees and costs for court actions. Failure to make such registration bars the copyright owner from those damages, limiting the potential recovery to only the actual damages and the infringer’s profits;
- registration allows the owner of the copyright to record the registration with the U.S. Customs Service for protection against the importation of infringing copies.
McHale | Slavin has advised many clients concerning the benefits of registration and is experienced in prosecuting claims before the United States Copyright Office. Whether a literary, visual, musical work, or sound recording; whether a computer program or database; whether a vessel hull or a mask work – our attorneys and legal professionals are experienced in guiding you through this administrative process and securing registrations for your claims. In addition to assisting our clients in the prosecution of their claims to copyright, we are also experienced in defending our clients’ exclusive rights as copyright owners if that need arises. Contact us for additional information or to schedule a consultation.
Copyright Licensing
As with other forms of intellectual property licensing, copyright licensing presents its own set of special considerations.
Because copyright involves a “bundle” of different rights that are separable from each other, effective licensing must carefully address these different issues. Copyright licensing is also an important element of most publishing agreements.
McHale | Slavin has extensive experience in the preparation and negotiation of copyright licenses. Contact us for additional information or to schedule a consultation.
