US COPYRIGHT LAW

Intellectual property refers to creations of the mind, including such things as artistic works, literary works, inventions, names, images, symbols, and designs used in commerce.

Intellectual property laws benefit the creator of a property, by rewarding that creator for his/her innovation and creativity. Society also benefits from intellectual property laws, as they encourage creativity - therefore allowing the rest of us to benefit from the wide range of products and services that are produced.

INTELLECTUAL PROPERTY CONSISTS OF:

Copyrights, which give the authors of an exclusive work, exclusive rights to that work for a limited amount of time; and
Industrial Property, which includes patents, trademarks, industrial designs & geographic indications of source.

Under the federal copyright law, a copyright entitles the owner to many exclusive rights, such as the right to:

• Reproduce the copyrighted work
• Distribute copies of the copyrighted work to the public for sale
• Perform the copyrighted work

COMMON TYPES OF COPYRIGHTED WORKS

• Recorded or sheet music
• Books, novels & screenplays
• Software codes & video games
• Works of Art - such as paintings, plays, dance choreography, and sculptures

HOW TO GET COPYRIGHT PROTECTION

Under federal law, you get a copyright to your work automatically once you have "fixed" your original work in a "tangible medium of expression." You must have independently created the work and not adapted it from something else. The work must be placed in a sufficiently permanent medium so others can reproduce, view or communicate it.

WHY YOU SHOULD REGISTER

While your work does have automatic copyright protection once it fits the above description, you are limited in your remedies if you do not properly register the copyright.For example, copyright registration affects:

• Lawsuits: If you are a US copyright owner, you must register your copyright before initiating an action for copyright infringement.
  
• Damages: You cannot get damages for infringement for any period before the copyright is registered.
  
• Evidence: The registration of copyright, in addition to some other criteria, is proof of the validity of a copyright.

An owner and creator of original work can register a copyright at the US Copyright Office. Usually, an owner needs to fill out a form specific to the work that the owner wishes to register, and submit a fee.

The deadlines and regulations for copyright registration are detailed and strict. An attorney can help you meet all the deadlines and fulfill all the requirements. A lawyer can also participate in on-going research to make certain no one else is using your copyright without your permission.

Any violation of a trademark, patent or copyright could constitute the grounds for an intellectual property lawsuit. If you feel that you have been victimized, and that you have a legitimate intellectual property lawsuit claim, it would be wise to consult a qualified attorney in your area. Find an attorney or law firm, which specializes in intellectual property law, and go from there.