Brooklyn Copyright Lawyer
Helping You Protect Your Original Creative Work
When people think of copyrights, novels, and films typically come to mind. However, many other creative works qualify for such legal protections. Unfortunately, there is a lot of confusion surrounding these creative works’ protections and how owners can assert them.
At Miletti Law P.C., our intellectual property legal professionals have spent years helping clients handle copyright law issues. From registration to litigation — and everything in between — we can help you navigate this complex landscape. Do not leave your creative works unprotected by making simple mistakes or not fully understanding your rights.
If you have questions about how a copyright attorney can help you with your legal issues, you can contact our office today to learn how we can help. Please visit our website and fill out the intake form for your convenience. Our Brooklyn, New York, copyright attorney will respond as quickly as possible. If you prefer a phone call, you are welcome to contact our law firm and speak with an associate who will take your information and forward it to our copyright attorney.
What Does a Copyright Protect?
Today, many individuals and businesses use technological advances to produce original creative works. However, along with technological advances, many people use unethical practices to reproduce or pass off work as their own.
Copyright is a legal tool that grants creators and businesses exclusive rights over their intellectual property. Creative works protected under copyright include music, books, artworks, software, and websites. Per copyright law, anyone who wishes to copy, display, or distribute the original work must obtain permission from the copyright owner.
Although creators of original works are automatically given copyright, intellectual property must still be registered with the U.S. Copyright Office to pursue legal action if infringement occurs.
Our firm offers flat fees to secure Copyright Protection. Contact Miletti Law P.C.today to learn more about your legal rights with Copyright Protection.
What Type of Creative Works Are Eligible for Copyright Protection?
Several types of tangible creative works are protected under copyright. Some of the most common works protected under copyright include:
- Visual art: Films, videos, photos, paintings, drawings, and sculptures
- Literary works: Books, poems, and novels
- Dramatic works: Plays and scripts
- Musical works: Recordings and compositions
- Website content: Blogs, media, text, or articles
Other original works protected by copyright include architectural designs, software, and advertising materials.
It is important to note that for an original work to qualify for copyright, it cannot be an idea or fact but must meet certain legal standards. To qualify for a modicum of creativity, the work must be original, not copied from another source, and demonstrate some level of creative effort.
What Mediums Cannot Be Copyrighted?
Copyright law protects original works in tangible form. Although copyrights extend to several mediums, they do not cover ideas, concepts, or discoveries.
Things that cannot be copyrighted include:
- Factual information or data
- Titles or names
- Slogans or short phrases
- Ideas or creative concepts
- Commonly known or public information
- Common symbols or designs
- Government works
It should also be stated that creative works not in tangible form, written down or recorded, may not be copyrighted.
If you are unsure whether your creative and original work qualifies for copyright, speaking with our Brooklyn, New York, copyright attorney is in your best interests. Our attorney can professionally assess your work and determine if it meets the legal requirements.
What is the Difference Between Copyright and Trademark Protection?
A common point of confusion often stems from understanding how copyright differs from trademark protection. Copyright protects creative works, whereas a trademark protects names, logos, and brands. However, there are several other key differences in copyright and trademark law.
For example, a copyright has a specified period of protection based on the original work and the creation date. Conversely, a trademark may be maintained indefinitely if the registration is renewed every 10 years.
A trademark must also be distinctive and easily identifiable for the brand, product, or service it represents, unlike the scope of copyright, which must be a tangible medium.
If you have questions about the differences between copyright and trademark protection and how they may apply to your situation, it is best to consult with a knowledgeable attorney. Contact Miletti Law P.C. to speak with our Brooklyn copyright lawyer, who can answer your questions.
Do You Need to Register a Copyright to Protect Your Works?
If you have researched copyrighting a work you have created, you may have heard that registration is voluntary. You may have also been told your works are copyrighted when placed into a tangible medium (e.g., book, online blog, film, sculpture, etc.). Both of these are true. However, you cannot sue over infringement unless you register your work with the U.S. Copyright Office.
It is not even enough to submit your application. The Copyright Office must issue your registration before you sue in court. Fortunately, this does not mean you have no legal remedies available. And even if your works are not registered when infringement occurs, you can still sue after your works are registered.
If you are considering pursuing a lawsuit against another person or entity that has infringed on your work, it is wise to consult an attorney immediately. Due to the legal intricacies involved with copyright protection, hiring an attorney is the best way to protect your valuable asset against future infringement.
Contact Miletti Law P.C. today for more information. Our highly trained Brooklyn copyright attorney can help you understand copyright law nuances and what options will offer the best legal protection.
How Long is a Copyright Valid?
Under copyright law, works created after January 1, 1978, are valid for the author’s life plus another 70 years after their death. Works published before January 1, 1978, have a maximum copyright of 95 years from their publication date. Works created before January 1, 1978, that have not been published are protected for 70 years after the creator’s death or December 31, 2002, whichever is shorter.
Anonymous works, or those created under a pseudonym or for hire, are protected for 120 years from their creation date or 95 years from publication, whichever is shorter.
Any creative works published between January 1, 1978, and March 1, 1989, that were copyrighted are considered part of the public domain.
Copyright rules can be overly complex, and understanding them often requires the help of an experienced lawyer. If you are concerned about how long a copyright can last, it is wise to consult a lawyer well-versed in copyright law.
Miletti Law P.C. is well-versed in all areas of U.S. copyright law and works hard to ensure that all clients and their creative works are protected.
What Does the Copyright Registration Process Entail?
If you have created an original work, it is automatically protected under copyright laws. However, to be able to pursue legal action against infringement, your tangible medium must be registered with the U.S. Copyright Office.
The first step is to identify the type of original work you wish to register and choose the correct application form available on the Electronic Copyright Office (eCO) Registration System or the U.S. Copyright Office’s website. However, the U.S. Copyright Office strongly encourages all applicants to use the eCO website to submit applications.
The following is a step-by-step breakdown of the copyright process, which includes:
- Apply: Applications may be submitted via paper application or online through the U.S. Copyright Office’s website and must include all pertinent information, such as your name and creation date of the original work
- Pay a fee: You must pay a fee to register your work. Fees may be paid online, and the cost of registration will depend on the type of work involved
- Submit a copy of your work: The eCO allows individuals to submit a copy through the website or the mail. For three-dimensional artwork, applicants may submit a photo
Once your application is approved, you will receive a registration certificate from the Copyright Office.
What Are the Benefits of Copyright Registration?
Pursuing a lawsuit is a significant benefit of copyright registration. However, there are also a variety of other advantages to taking this step. While it does cost money to register, this route is worth the investment. Just consider each of the following outcomes that registration creates:
- Deterrent: When potential infringers see that your copyright is registered, they will know you are ready to protect your intellectual property. A registered copyright can serve as a deterrent to infringement
- Prima facie evidence: Registration with the Copyright Office meets the evidentiary standards in court that you are the owner of a work
- Import protection: The U.S. Customs and Border Protection agency can prevent copies of infringing works from entering the country
- Additional damages: Those with a copyright registration may be entitled to statutory damages and attorney fees
Each of these benefits may serve as reason enough to seek federal registration. However, it is important to note that some of these are time-contingent. For instance, you must register your work within three months of its creation to be eligible for statutory damages. Due to the complexity of copyright issues, do not hesitate to contact our copyright lawyer in Brooklyn for advice today.
What Legal Steps Can I Take if My Copyrighted Work is Being Used Without My Permission?
Unfortunately, even if your work is copyrighted, someone may try to use it without your permission. Once you realize that an individual or entity infringes on your protected work, the first step is to gather evidence. Evidence may include screenshots, physical copies, or other documentation that supports your claim.
The next step is to seek legal help from an experienced copyright attorney who will evaluate your case. If your attorney determines infringement has occurred, they can send a cease-and-desist letter to the party or entity demanding that they stop using the work immediately.
In many instances, a cease and desist letter will stop the infringer from continuing their unauthorized use of your copyrighted material. However, if they refuse to comply, you may need to file a lawsuit and seek damages for copyright infringement.
If you think your copyrighted work is being used without your permission, please contact Miletti Law P.C. as soon as possible. We will gladly review your case to determine what legal options will provide maximum benefits.
Do You Need an Attorney to File for Copyright Protection?
Many people question whether they need legal representation during the copyright process. After all, you can now go online and submit a copyright registration. Additionally, nothing is stopping you from filing a federal lawsuit to seek an injunction or damages for infringement. However, these are all complicated legal matters. Even the simplest copyright law mistakes can quickly turn costly.
For instance, what if you make an error in your original application that extends how long it takes to receive registration? What if this pushes you past one of the critical time constraints mentioned earlier? More importantly, do you know how to word a cease and desist letter properly — or what is required to file copyright infringement litigation? Not having a clear understanding of legal issues can be very costly.
A copyright lawyer has the skills and comprehensive experience to ensure that the cease and desist letter is worded correctly and can pursue litigation if the infringer fails to comply. A lawyer can also advise you of other legal options that you can pursue to protect your work.
Do not risk your creative works being infringed upon by others. Contact our Brooklyn copyright lawyer today, who will gladly explain your legal options.
Why Should I Trust Your Copyright Lawyer to Help Me Protect My Intellectual Property?
When you create an original work, you have gained copyright instantaneously. Unfortunately, this is not enough to ensure your work is not misused. Registering with the U.S. Copyright Office is an important step, but it is not necessarily the end of the process.
Protecting your work is a continuous process. Unfortunately, you could also face claims of infringement yourself. In any of these instances, seeking copyright law advice is ideal.
At Miletti Law P.C., our copyright attorneys will work diligently to help you secure a positive outcome. We can ensure your application is error-free when you come to us for help. If you are already in a situation where litigation seems likely, we can provide you with skilled legal representation to safeguard your legal rights.
Regardless of your circumstances, our copyright lawyer in Brooklyn will gladly review your case and advise you on your options. Call our Brooklyn, New York law office at 314-648-2586 to book a free consultation with our team or go to our website to fill out our intake form. Allow us to advocate on your behalf.