What is a copyright?
A
Copyright is a legal right to the original expression of an
idea (not the idea), which expression has been reduced to a
tangible medium, i.e., a book, song, sound recording,
website, architectural work, movie, sculpture or computer
program.
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What qualifies for copyright protection?
The
threshold for creativity and/or "originality" is
low given that the Copyright office does not serve the
function of art critic. However, Copyright protection
generally will not extend to forms or raw data, i.e., phone
directories. It
can extend to unique presentations, website interfaces, and
computer code.
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What do I need to do to get a copyright?
Copyright
exists from the moment of creation and when the expression
is fixed, regardless of whether a Copyright is registered
with the Copyright office. However, copyright registration
is still important because: (a) filing is inexpensive; (b)
Having a Copyright gives you the right to seek attorney fees
from an infringer (this may also increase the likelihood
that an attorney would take the case on contingency); (c)
Having a registered copyright can entitle you to
"statutory" damages-which are relatively easy to
prove in Court; (d) Having a registered Copyright makes it
easier to license your expression and generate revenue from
the original work; and (e) Having a registered Copyright
makes it easier to exclude counterfeits and pursue criminal
remedies. To get a copyright registration, you will need to
file with the Copyright Office.
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What rights come with a copyright?
Copyrights
extend to protect the following exclusive rights of the
owner to the original work: (1) reproduction; (2)
distribution; (3) making derivative works; (4) display; and
(5) performance. The copyright attorneys of Buche & Associates, P.C. can
help you protect these important Copyrights through filing
of Copyright applications on your behalf and enforcing your
copyrights through the courts when necessary.
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What is involved with copyright litigation?
Copyright
litigation proceeds in federal courts and sometimes in
arbitration settings. The most important issue in copyright
litigation generally is whether the competing works are
"substantially similar."
Other factors, such as whether the defendants had
access to the plaintiff's work can have a great bearing on
the outcome.
In Houston, Texas, Buche &
Associates, P.C. is well versed and experienced with
copyright infringement litigation.
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If
I hired someone to create an artistic work, do I own the
copyrights?
It
depends on the circumstances of the business relationship,
the transaction, and whether the creation will be regarded
as a “work for hire.”
This frequently comes up in the sale of artwork,
software, website development, and music.
In Houston, Texas, Buche &
Associates, P.C. can work with you to ensure that in any
purchase or sale of creative works, that you acquire or sell
the entire work or desired subparts and related intellectual
property. If
you are preparing to buy or sell the assets of a business,
do not neglect the intellectual property assets.
Buche & Associates, P.C. is qualified to
evaluate such contracts to ensure that the intellectual
property rights are all accounted for and assigned as the
case may require in the Copyright Office or United States
Patent & Trademark Office.
Do not hesitate to contact our offices for an
initial consultation, which is free of charge.
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