San Francisco Copyright Lawyer: Multi-Million Dollar Results for High-Profile Clients
There’s nothing more frustrating for artists than to have their works used without their permission and for someone else’s profit. If this has happened to you, I may be able to help.
As an intellectual property rights lawyer, I’ve been able to secure compensation for a variety of artists whose creative works have been infringed. This can happen through either licensing agreements or a successful lawsuit. If you are not sure what the best course of action is, I can assess your case and advise you on the best course of action to reach your goals.
Defining Copyright
What is considered copyright infringement?
If you create an artistic expression, you may consider applying for a copyright to protect your work from infringement. A copyright covers tangible art pieces, such as movies, architecture, poems, musical compositions, photographs, paintings, illustrations, books, computer programs and sound recordings.
Copyrights are a type of intellectual property, along with patents and trademarks, according to the United States Patent and Trademark Office. The USPTO has laws in place to protect intellectual property, including copyrights for small businesses.
Types of work that you can copyright
Copyrights are practical tools that identify the author of a creative work. They also restrict others from claiming ownership or misusing material. Some of the most common types of materials people copyright include:
- Songs
- Books
- Poems
- Architectural plans
- Films
- Logos
- Jingles
- Sculptural work
- Some social media content, including original tweets
A copyright can protect these works as soon as the creator performs, records or writes them down.
It is crucial to note here that generally, the person who created the work will be the owner, but this is not always the case. An employer may own materials created by an employee or contractor, and the creator may transfer ownership to someone else.
That said, if you are the owner of copyrighted work, you have exclusive rights to reproduce, distribute the material. However, copyrights do not protect every creation or form of intellectual property.
What you cannot copyright
There are numerous things that you cannot copyright. These include:
- Slogans
- Algorithms
- Facts and information
- Fashion designs
- Names
- Domain names
- Federal government documents
- Recipes
Although you cannot copyright these materials, many of them can still be considered intellectual property that you may be able to protect with a patent, trademark or as a trade secret.
In other words, a copyright is not the only option parties have to protect their works and creations. However, if you do have material eligible for copyright, you would be wise to understand your rights as the owner and what happens if someone violates those rights.
Copyright laws
Once you create your art, your piece is protected under copyright law. This allows you to do the following:
- Display or perform the work in public
- Distribute copies of the work to others
- Prepare subsequent works based on the original piece
- Reproduce the work
As a copyright owner, you may choose to allow others to perform these duties as well. For example, you may give someone the authority to reproduce your music or art.
Copyright law protects your work throughout your lifetime and an additional 70 years after death.
Copyrighting Intellectual Property
Can we copyright intellectual property?
Intellectual property is often one of the most valuable assets a business or individual has. It can give owners a competitive edge or distinguish them from their competitors. It can be a source of revenue through licensing agreements. Thus, whatever form this property comes in, it can be crucial to protect it from misuse.
One way of protecting intellectual property is to copyright it.
Copyright infringement
Although it is not mandatory, registering your copyright provides added benefits. A registered copyright is listed in the licensing marketplace and allows consumers to find your information. It also tells the public that your work is copyrighted and may not be duplicated without your permission.
Copyright infringement occurs when someone uses your work without your permission. If your work has a registered copyright, you are able to take legal action and seek monetary compensation.
Taking care of your artistic works is important for many, especially if their art is a means of income and a way to leave their personal mark on the world.
Examples of Copyright Violations
What do copyright violations look like?
Copyright infringement occurs when someone uses your material without permission or crediting you as the author. Depending on the work, it could mean publishing your work in a magazine without permission, attributing your material to someone else or using music files in a video without authorization.
You can prevent infringement with tools like using the © symbol on copyrighted materials and registering your copyright. Doing so makes it easy for others to know they should not use, reproduce or distribute work without permission.
It can also be wise to include copyright disclaimers on printed work or websites, and putting watermarks on visual images can prevent unauthorized reproduction.
However, despite these efforts, infringement can still occur. Monitoring use can allow parties to identify and stop violations as quickly as possible.
That said, it can be a considerable challenge to monitor infringement. While some cases can be easy to spot, like someone using lyrics you wrote in a song that you hear on the radio without you knowing, not all infringement claims are obvious. This is especially evident today in the digital age.
Thus, owners may want to consider hiring an employee or business specifically to perform ongoing searches to monitor for possible misuse of a protected asset.
Taking action if there are copyright violations
Should an owner discover that someone has infringed on their copyright, they can and should take action to stop them.
One option is to contact the infringing party directly, inform them of the violation and request that they stop infringing actions. Owners can do this themselves, or they can work with an attorney to send a cease and desist letter.
These efforts can be sufficient when parties are unaware of the violation.
However, this approach is not always effective. And by the time the person ceases their infringing activity, an owner may have already suffered significant financial losses as a result of the infringement. These losses can include loss of profits and potential licensing revenue.
Under these circumstances, an owner may pursue a civil claim against the infringing party seeking statutory damages or actual damages and profits of the infringer.
Damages Available
Statutory And Actual Damages — What You Recover Depends On Whether You Copyrighted Your Work
There are two types of damages recoverable in a copyright lawsuit:
- Statutory damages
- Actual damages
If your work was used without permission within three months of publishing it and registering it with the United States Copyright Office, or if you registered your unpublished work prior to the theft, you may be entitled to recover statutory damages. Those damages may include:
- Up to $30,000 per infringement, starting at $200 for an innocent infringement
- Up to $150,000 per infringement, if the infringing use was willful
- Attorney’s fees and expenses
If you have not registered your work, you still own the copyright, but statutory damages are not allowed. Instead, you could sue for actual damages — meaning you’d have to prove the amount of economic loss you suffered because of the impermissible use. Before you can recover any monetary losses, you must first register your work with the United States Copyright Office. If you are looking to copyright your work yourself, I am here to assist when you run into a problem.
Enforcing Copyrights
Why it is crucial to enforce copyrights and other intellectual property
Intellectual property can be a driving factor in the success and competitiveness of a business. And when parties devote money, time, and other resources to creating that work, learning that someone is using that material for their own financial gain can be highly upsetting.
Taking swift, aggressive action to stop copyright infringement can be crucial in minimizing losses and preserving the integrity of the work. Often, this means working with an attorney to navigate the legal aspects of calling out the infringing activity and filing a civil claim against infringers.
When parties do not take action to enforce copyrights, they do not lose their copyright. However, they can lose money, particularly if they wait to file a civil claim. And when parties do not defend their copyrights, that material can become less valuable and distinguishing for the owner.
Copyright owners have the right to control who uses, distributes or reproduces their work. When an infringing party is reaping the financial rewards of someone else’s creation, they can and should be held accountable for the damage this causes.
Common Questions Regarding Copyright Law
Copyrights are designed to protect various types of creative works, including but not limited to movies, music, books, software and business materials.
While filing for a copyright isn’t necessarily a challenging process, there are a variety of questions you must address. Here are some of the most common questions:
What Is The Difference Between A Copyright And Patent?
Many people confuse the two, but there’s one primary difference. A copyright covers creative work itself, while a patent covers processes and products.
Is A Copyright A Necessity?
You’re under no legal obligation to file for a copyright, but it’s in your best interest if you want to protect against another party copying your creative work. For example, if you’re in the business of developing software, there may be times when you want to protect your intellectual property rights.
What Are Some Of The Things That A Copyright Doesn’T Protect?
A copyright is unable to protect ideas, facts or discoveries. Instead, it’s only meant to protect the way these things are described.
Who Is The Owner Of A Copyright?
This depends on many factors, but it’s typically the person who creates the work. In the event that an employee creates the work as part of their job, the employer may own the copyright.
Does A Copyright Last Forever?
Generally speaking, the answer is yes. For an individual, a copyright lasts for that person’s entire life, plus another 70 years. For anyone considered a non-person, the copyright lasts for the shorter of 120 years from creation or 95 years of first publication.
Just because you file for a copyright doesn’t mean you’ll receive approval. And even if you do receive approval, it doesn’t necessarily mean that others will respect it.
If you’re going to take the steps to obtain a copyright, you should get serious about protecting it against infringement. This occurs when another party infringes on your exclusive rights without permission.
It doesn’t matter if you’re filing for a copyright or protecting it against infringement, it’s imperative to understand your legal rights in California.
Licensing Your Copyright To Create An Income Stream
One of the most important economic engines for creators of copyrighted works is licensing the use of that work. Licensing also benefits the creator, because it establishes the range of economic loss to the creator from other unauthorized uses. I have negotiated effective and profitable licenses for my creator clients, both exclusive and nonexclusive, across all types of media. Often, what starts as unauthorized use can turn into a long-term licensing deal.
Protect Your Creative Work. Contact San Francisco’s Trusted Copyright Lawyer
If you are the owner of a registered copyright or you are interested in negotiating a licensing deal that protects your ownership rights, Fergus, A Law Office, can help. Call me today at 866-256-5487 or contact my office online. From my office in San Francisco, California, I represent clients nationwide.