COPYRIGHT BASICS

WHAT IS A COPYRIGHT?

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A copyright is an exclusive right granted by the United States Government to authors or creators of original works for a limited duration of time. The owner of a copyright is entitled to receive credit for his or her work. They have the right to oversee copies, derivatives and performances of their work. Typical works include movies, plays, literature, music, pictorial, choreographic, and architectural work. 

Copyright does not protect ideas, whether they are fact, opinion, or fantasy. A Copyright only protects the expression of those ideas.

Miracle IP provides advice to clients on issues regarding copyrightable subject matter and copyright protection for original works of authorship. 

COPRYRIGHT REGISTRATION

A work is under copyright protection the instant it is created and fixed in a tangible medium so that is is perceptible either directly or with the aid of a machine or device. The moment the work is written, drawn, painted, recorded, or put on the internet, the work is protected by copyright law. However, copyright registration strengthens copyright protection by adding proof of copyright ownership and aids the copyright holder with enforcing the copyright. The copyrightable material may be registered with the United States Copyright Office. 

TOP REASONS TO REGISTER A MARK:
 

Official Public Record. Copyright registration establishes a public record of the copyright claim.

Advantages in Court.  If made before or within five years of publication, copyright registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate. Before an infringement suit may be filed in court, copyright registration is necessary for works of U.S. origin. 

Enhanced Remedies for Infringement. If copyright registration is made within three 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.

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Prevent Importation. Copyright registration enables the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies.

LICENSING AND LITIGATION 

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Miracle IP assist with the licensing exclusive rights of copyright owners and transfer of copyrights to other parties. For clients that want to enforce their copyright interests or have been accused of copyright infringement, attorneys at Miracle IP provide related litigation services.