The electronic manner in which so much business is conducted today, coupled with the ease with which information and data are copied and shared, make the identification and registration of copyrighted works imperative. At Harness Dickey, we understand the compelling and practical reasons to register copyrights, and we will assist you in developing a cost-effective registration system that fits your business model.
Copyright registration and counseling is one of Harness Dickey’s core competencies. Our experience includes:
- Identifying copyrightable works and determining what is and what is not copyrightable subject matter, including resolving issues pertaining to copyleft, which allows authors to give every person receiving a copy of the work permission to reproduce, adapt and distribute the work and provided no limits are imposed on how the work can be used.
- Resolving authorship and ownership issues
- Advising on proper copyright notice and compliance with the Universal Copyright Convention
- Analyzing work-made-for-hire agreements and evaluating the permissibility of derivative works
- Developing customized registration programs and procedures
- Crafting agreement specific copyright terms and conditions, including representations and warranties
- Providing “fair use” assessments
- Assisting clients with copyright transactions and agreements of every sort, including content and copyright licenses and assignments, as well as agency, exhibition, publishing and royalty agreements
- Counsel pertaining to the details of the Digital Millennium Copyright Act (DMCA)
- Asserting and defending against claims of copyright infringement and overseeing the take downs of unauthorized content
Copyrights come into existence without any federal registration requirement. Nevertheless, a federal registration is a pre-requisite to pursuing an infringement claim in federal court, and substantial benefits are conferred when the registration is obtained prior to the onset of infringement. Unfortunately, it is too often the case that a copyright owner learns these lessons too late, and after the infringement has commenced. Let us explain the details to you and help you avoid being deprived of critical legal protections and remedies.