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Our Practice Areas: Copyrights
The Augustyn Law Office is
able to help with all aspects of copyright law. From copyrighting your
work to sending cease and desist letters for enforcement to licensing
copyrights, the Augustyn Law Office provides thoughtful solutions by a
copyright lawyer.
Please contact
us for your Free Initial Consultation with a copyright attorney. We represent copyright clients
throughout the United States. Below we
explain about copyrights, you may also be interested in learning more
about Trademarks
which protect a word, phrase, symbol
or design, or a combination of words, phrases, symbols or designs
A copyright provides protections to the
creators of "original works of authorship." These works include:
- Literary Works (like books and poetry),
- Sound Recordings (such as audio recordings
of music, drama, or lectures),
- Visual Arts (including artwork, logos, and
other original pictorial, graphic, or sculptural works), and
- Performing Arts (such as non-sound
recording musical works, dramatic works,
choreography, or motion pictures).
A copyright gives the author exclusive right and
ability to prohibit or authorize others:
-
To reproduce the work in copies or phonorecords;
- To prepare derivative works based upon the work;
-
To distribute copies or phonorecords of the
work to the public by sale or other transfer of ownership, or by
rental, lease, or lending;
-
To perform the work publicly, in the case of literary,
musical, dramatic, and choreographic works, pantomimes, and motion
pictures and other audiovisual works;
-
To display the copyrighted work publicly, in
the case of literary, musical, dramatic, and choreographic works,
pantomimes, and pictorial, graphic, or sculptural works, including
the individual images of a motion picture or other audiovisual
work; and
-
In the case of sound recordings, to perform the work
publicly by means of a digital audio transmission.
A common law copyright is obtained merely by
creating a work in a fixed form (such as recording your music or putting paint
to canvas). As you may imagine, with no
application process, this provides little protection.
Once a work is published the owner is legally
required to deposit the work with the U.S. Copyright Office. Registration
of the copyright fulfills this obligation. Upon publication you may use
the copyright symbol identified by © or the
"circle C" symbol to give notice of copyright. The notice should consist of
the symbol, the year of first publication, and the owner of the copyright.
For sound recordings, use the
or "circle P" symbol (P stands for phonorecord) instead of the "circle C."
Unpublished works can contain a copyright notice, but must say
"unpublished" in addition to the name, year of creation, and
owner.
There are significant benefits of registering
a copyright:
- You give constructive notice to the public
that you claim ownership of the work.
- You must register before you can file a
suit for infringement.
- If made before or within 5 years of publication, registration will establish
prima facie evidence in court of the validity of the copyright and of the facts
stated in the certificate.
- If registration is made within 3 months after publication of the work or
prior to an infringement of the work, statutory damages and attorney's fees will
be available to the copyright owner in court actions. Otherwise, only an award
of actual damages and profits is available to the copyright owner. Statutory
damages for infringement can be much more than actual damages.
- Registration allows the owner of the copyright to record the registration with
the U. S. Customs Service for protection against the importation of infringing
copies.
- Registration in foreign countries becomes
easier.
Please contact
us for your Free Initial Consultation with a copyright lawyer or if you would like to arrange other
methods of payment.
We represent copyright clients throughout the United States
The Augustyn Law Office is a Lincoln, Nebraska,
law firm dedicated to meeting your needs.
Augustyn Law Office, P.C. LLO
770 North Cotner Boulevard
Suite 114
Lincoln, NE 68505 (see
map)
Phone: (402) 464-4326
Email: Contact Us
Please note: No
attorney/client relationship is formed until we have a signed retainer
agreement. This website explicitly complies only with the Lawyer
Advertising Regulations in Nebraska.
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