Copyrights
Fishman Stewart counsels companies on all aspects of copyright creation and enforcement.
Copyright protection is available for original works of authorship, including: literary, musical, and dramatic works; choreography; pictorial, graphic, structural, and architectural works; motion pictures and other audiovisual works; sound recordings; and computer programs. The owner of a copyright has exclusive rights to reproduce, distribute copies, create derivative works, and perform or display the work, subject to certain “fair use” rights granted to non-owners.
A copyright is created upon the fixation of an expression in a tangible medium, such as a book, database, or film. However, copyright registration is necessary to enforce certain rights. To register a copyright, one must file an application with the U.S. Copyright Office, along with a fee and a specimen of the work to be registered. The timing of registration is important, as it grants the owner additional rights in an infringement action, such as the ability to recover attorney’s fees and seek statutory damages based on the effective date of registration.

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