Whether you’re a creative, author, artist, or a startup engaging in e-commerce and looking to deter copyright infringement while complying with applicable laws, the Kinney Firm can assist you with everything from copyright registration to copyright infringement litigation.
KINNEY FIRM WILL MANAGE YOUR COPYRIGHT
Copyright Law, the rights, notices and other issues surrounding it can be very confusing. A copyright is a bundle of legal rights afforded to the author of an original work, when fixed in a tangible medium. Seems pretty clear and straightforward, right? Is work original enough? Does the work fall under one of the protectible categories? Who is the author? You may think you are, but did you co-create the work? Do you have a valid Work For Hire Agreement?
There are a lot of considerations and a lot to know when deciding whether or not to register a federal copyright and secure and protect your intellectual property. Kinney Firm can answer your questions and assist you with filing.
ADVANTAGES OF FILING A COPYRIGHT
Author’s Bundle of Rights - to allow or block someone from using your copyrighted work.
Assignments and Licenses.
Work For Hire.
Joint Works of Authorship.
Copyright Infringement -Dispute Resolution and Litigation.
Someone “stole” or is using your music/photos without permission, what do you do? You might contact them yourself or find a templated cease and desist letter to send but that could put the other party on notice that you intent to file a lawsuit, allowing them to file first. Kinney Firm can guide you and represent you to resolve you copyright infringement dispute.
FREQUENTLY ASKED QUESTIONS
What “original works” are protectible?
PROTECTABLE WORKS INCLUDE:
- Literary works
- Musical works, including the accompanying words
- Dramatic works, including the accompanying music
- Pantomimes and choreographic works
- Pictorial, graphic and sculptural works
- Motion pictures and other audiovisual works
- Sound recordings
- Computer software, websites
- Architectural works
TYPES OF WORK UNABLE TO OBTAIN COPYRIGHT PROTECTION:
- Works not fixed in a tangible form of expression (ex. something said but not recorded)
- Ideas, facts, methods, principles and systems
- Titles, names, and slogans
- Works found in the public domain
- Works that are strictly informational and contain no original expression or authorship
- Federal government works
Why do I need to register my Copyright?
While you have a copyright when you create your original work and fix it in a tangible medium, your ability to legally defend your rights isn’t established until your copyright is registered with United States Copyright Office.
You MUST file for registration for Copyright prior to initiating any suit for infringement and there are numerous legal advantages to copyrighting your work.
What is the Public Domain? What is in the public domain?
The public domain are original works that either were never, or are no longer, copyrighted and are free for the public to use.
The public domain is all the works that never had copyright protection, works published in the United States prior to 1923, and works that no longer have copyright protection.
The public domain also includes most works created by the United States Government, like the U.S. Census, for example.
What is a Work For Hire?
Work For Hire is where a person or company creates work on behalf of someone else. Whether you are an employee creating software or animation on behalf of your employer or you hire an independent contractor to take your photo or create your logo and you want to retain ownership, there should be a valid Work For Hire in place to make sure the party hiring the other to create content on their behalf, retains the rights and ownership of the resulting work. In order to be valid, a “Work For Hire” must be in writing and fall into 1 of 9 categories outlined in (17 U.S.C. § 101).
What our clients say
about working with us
Whether legal advice, strategy or execution, Rian continues to be an invaluable member of my team.
Rian is approachable and able to break down legal concepts in a way that makes sense, even if you don't speak legalese. There are so many nuances to business law that can leave you exposed. Rian's helped me understand which laws I should pay attention to and how to apply that knowledge in my business.