Legal Services as to Copyright Registration
Intellectual property is critical in today's competitive market, and yet advancements in this digital age make it easier than ever to violate intellectual property rights. That's especially true for anything you write or produce. Whether as an individual or an entity – your written creations risk copyright infringement if not protected. Violators can easily find material online and use it as their own to profit from it. It is important to protect your original work, and the most important and effective means of protection is copyright registration.
We understand the immense effort and creativity it takes to produce original work. Whether you're an artist, author, photographer, musician, or business owner developing unique content, your intellectual property deserves the highest level of protection. Our copyright registration legal services are here to safeguard your creations and give you the peace of mind you need to focus on what you do best—creating. Most importantly, we can register your Copyright with the US Copyright Office no matter where you are located!
At Dragan Ivetic, Attorney at Law, LLC, our copyright protection lawyer in Chicago handles all types of copyright matters and will help you understand what the benefits are and how to continue or expand the protection of your intellectual property. Contact us today at 3122165167 to schedule a Free 30 minute consultation. Protect your works and ideas with the help of our experienced and reliable copyright team. With copyright registration and other flat fee legal services we provide, you can make sure that your copyrights are protected to the fullest extent of the law.
Overview of Copyright Law
A copyright gives an author of an original work exclusive rights to their work, including the right to control and protect it. Copyrights cover a wide variety of different subject matters. Copyright law is a Federal practice area, so that our office can assist you even if you are not in Illinois. In essence, we can represent you no matter where you are domiciled. In fact, our office has represented clients based across the United States, and even internationally, with their US Copyright Registration.
Elements of a Copyright
Qualifying for a copyright is not very difficult. There are certain elements that must be met, including originality. The work cannot be a copy of anything else. Copyrights must also be tangible and at least a little creative. In other words, an idea cannot be copyrighted, but a written work can be.
What Can Be Copyrighted
Original works of authorship can be copyrighted, including:
- Poetry
- Songs
- Photography
- Movies
- Sculptures
- Novels
- Architectural Works
- Digital Art
Slogans, symbols, and designs cannot be copyrighted. Most importantly (with the proliferation of AI-generated written, image and music content on the rise) content that is solely or predominately AI-generated likewise is not eligible for copyright registration at this time.
The Rights a Copyright Provides
When the owner of a work copyrights it, they have the ability to:
- Reproduce;
- Distribute; and
- Sell the work.
- Control and/or Create Derivative Works
If the work is a play, they can perform it; if it is a movie, they can show it.
Copyright also allows the owner to prepare derivative works based on the original.
Copyright owners can also authorize others to exercise the rights given to them by the copyright.
Copyright Registration
Contrary to popular belief, copyright registration is not mandatory. As soon as your work or creation is fixed to a tangible medium (ie. pen to paper, saved on a hard-disk, recorded on a record, etc.) you own right in the copyright of that work (often called "common law copyright"). However, to best protect your intellectual property, you should register a copyright for it with the US Copyright Office. The benefits of copyright registration are many and the process does not have to be complicated with a copyright lawyer in Illinois guiding and advising you.
Benefits of Copyright Registration
Copyright registration offers creators and businesses significant legal protection. Here are just a few ways it helps:
- Establishes Legal Proof of Ownership
Obtaining official copyright registration provides indisputable legal evidence that you're the rightful creator or owner of your work. Also, should another party attempt to infringe on the copyright, the fact the copyright is registered allows the owner to bring a lawsuit against the infringing party (a rejected application may be used for the same purpose).
- Prevents Unauthorized Use
Protect your work from being copied, reproduced, distributed, or used without your permission.
- Enables Legal Action Against Violations
Registration gives you the right to take legal action against anyone infringing on your intellectual property. In the US, you cannot pursue legal action to enforce your rights, unless the copyright is registered in the US Copyright Office. If the copyright owner wants to seek statutory damages and attorney's fees in an infringement case, registration after publication or before the infringement occurs allows them to do so.
- Opens the Door for Royalties and Licensing
Registered copyrights make it easier to license your work for additional income while retaining full control over its use.
Copyright Registration Process
The copyright registration process can typically be completed online. Some works may be submitted electronically, yet others must have a hard copy, which will not be returned.
Keep in mind, copyright information is public record and time limits apply as to when the registration must be filed.
Our copyright attorney at Dragan Ivetic, Attorney at Law, LLC will ensure the copyright registration process in Illinois is undertaken properly and timely to ensure you receive maximum benefits.
We will undertake to prepare and file your copyright registration with the United States Copyright Office, and will liaise with that Office to ensure that the registration is properly filed to secure your rights. The US Copyright Office takes several months to process and finalize your registration. Our flat rate copyright registration fee covers the entire process, no matter how long it takes. Thus, hiring our firm gives to a sense of security, and transparency about the legal fee.
Who Do We Serve?
Our copyright registration services are ideal for:
- Authors and Writers
Protect your books, blogs, and other written works.
- Artists and Designers
Secure copyright for your drawings, paintings, graphic designs, and more.
- Musicians and Filmmakers
Safeguard your music, scripts, and cinematic works.
- Businesses
Defend your original marketing materials, logos, and software.
- Online Content Creators and Streamers
Common Copyright Issues
Many challenges may arise with or throughout the copyright process. To provide context as to why it's important to seek legal counsel for copyright protection specifically and any intellectual property generally, some of the most common issues in the copyright process are briefly described below.
Ownership Issues
Often, disagreements arise over who actually owns the copyright.
A common example of this issue involves employee/employer situations. For example, if a person created original work that is copyrighted while in the employment of a company, then the company may own the copyright to the work. The opposite is typically true when the person creating the work is a freelancer. Many times this problem can be solved by reviewing relevant contracts, which hopefully address these matters and spell out who has a right to what. Without relevant terms and conditions in a contract, this issue becomes more problematic.
One solution may be to file as a joint work. Another solution may be to disclaim content that was contributed by another. Whatever the circumstances, we can help you determine the proper manner in which to register and protect your copyright with the US Copyright Office
Fair Use Exception
The Fair Use exception to copyright is often overlooked or not properly understood. It holds that copyrighted materials may be used under certain conditions. The type of original work and the way it is being used are both considered under the Fair Use exception.
Common examples of when copyrighted materials may be used under this exception include:
- Teaching purposes
- Reporting the news
- Conducting research
- Providing criticism
Copyright Infringement
Copyright infringement occurs when any person or entity violates the rights of the copyright owner. For example, if someone reproduces, performs, or displays a copyrighted work without the permission of the copyright owner, they have committed copyright infringement. To be guilty of copyright infringement, the person or entity that commits the infringement does not have to be seeking monetary gain.
Proving Copyright Infringement
Anyone that claims their copyright has been infringed upon must be able to prove that they are the owner of the copyrighted material and that their rights as such have been violated. They must also be able to show that the person or entity that violated their rights exceeded the fair use doctrine, which allows the use of copyrighted materials in certain situations and under certain conditions.
Remedies for Copyright Infringement
Injunctions are the most commonly sought remedy by victims of copyright infringement. An injunction serves to stop the infringing party from continuing to violate the copyright. Permanent injunctions prevent the infringing party from ever engaging in the infringement again.
Other civil and criminal remedies may be available in Illinois to parties who have had their copyright infringed. It all depends on the facts and circumstances.
Contact an Intellectual Property Attorney in Chicago Today
Take action to secure your valuable rights to your original creative works today! At Dragan Ivetic, Attorney at Law, LLC, we help our clients obtain and maintain protection for their original works. You may be a business or an individual; in either case, your original work should benefit you, not someone else who attempts to use your work for their own benefit. Copyright registration not only safeguards your creativity but also empowers you to claim what's rightfully yours. Contact us today by filing out the online form or emailing us at [email protected] to schedule a Free 30 minute consultation.