Register, Protect and Monetize Your Creative Assets with the Help of an Experienced Colorado Copyright Attorney
Copyright law allows creators and companies to protect and monetize original works of authorship. This includes everything from paintings, photographs and songs to software code, user interfaces (UIs) and website content. If you have questions about what you can—and should—protect, a Colorado copyright lawyer at Maven IP can help.
We represent individuals and companies at all stages of growth in copyright matters. Our intellectual property lawyers have decades of relevant experience, and they have worked with clients in an extremely diverse array of industries. Whether you need a lawyer to help you understand what you need to do or you are in need of representation for a transaction or potential infringement lawsuit, a Colorado copyright attorney at Maven IP can guide you forward.
Understanding What Copyright Law Protects
Copyright law protects creative ideas fixed in tangible media. Contrary to popular belief, ideas themselves are not protected (although ideas that qualify as inventions may be eligible for patent protection). To qualify for copyright protection, an idea must be embodied in some form—whether on paper, on film, on a computer or in the cloud.
Copyright protection is only available to “original” works of authorship. To qualify as original, a work must not be based on another copyrighted work—in other words, it must not be copied. If two creators independently come up with the same original work, then they could both own copyrights enforceable against everyone except one another.
This is one area where copyright registration comes into play. While copyrights arise automatically (upon creation of an original work of authorship) in the United States, registration affords several important benefits. For example:
- Constructive Notice – Registration creates a public record of ownership, and this record puts others on constructive notice of the registered owner’s rights. This means that others claiming that their works are original will have to contend with the fact that they should have known of the registered work’s existence.
- Presumption of Validity – Registering a work within five years of publication establishes a presumption of validity of the registrant’s copyrights. Since establishing validity is necessary to pursue an infringement claim, this presumption can prove highly valuable.
- Ability to Sue – Registration is required in order to file a copyright infringement lawsuit in most cases. Since the registration process can take months, filing promptly can help copyright owners avoid potentially costly delays.
- Statutory Damages – When infringement occurs after the date of registration, registered copyright owners are entitled to seek statutory damages, attorneys’ fees and costs. This means that they do not need to prove their actual economic losses in order to file a successful claim.
- Protection Against Infringing Imports – Registered copyright owners who record their registrations with U.S. Customs and Border Protection (CPB) can mitigate the risk of infringing imports entering the U.S. market. Under federal law, CPB has the authority to seize infringing imported goods at the border.
Registering copyrights also adds value, as it provides reassurance to potential licensees and acquirers of the copyright owner’s exclusive rights. With the modest filing fees for copyright registration applications in the United States, registration is well worth the investment for most individual creators and companies.
Services Offered by Our Colorado Copyright Law Firm
Our copyright lawyers assist creators and companies at all stages of copyright ownership, from ideation through sale. Our services include:
Do you need a work-for-hire agreement? Which works should you register with the U.S. Copyright Office? Should you file separate registration applications or file for a group registration? How can you keep track of, and effectively utilize your (or your company’s) copyright registrations?
If you have these types of questions, you are not alone. Our lawyers routinely consult with creators and company founders and executives on all types of copyright-related matters. A Colorado copyright attorney at Maven IP can help you understand your options and make informed decisions with your specific business goals in mind.
We help our clients protect and monetize their creative assets by filing all necessary copyright registration applications and managing their registered copyright portfolios. We can determine if the works you want to protect are eligible for copyright registration; and, if they are, we can deal with the U.S. Copyright Office on your behalf.
Copyright Licenses and Assignments
A significant portion of our copyright practice is devoted to representing clients in licensing and assignment transactions. Under U.S. copyright law, copyright owners can license and assign any or all of their exclusive rights. This includes the rights to:
- Reproduce the copyrighted work;
- Create derivative works based upon the copyrighted work;
- Distribute copies of the work;
- Perform or display the work publicly; and,
- Authorize others to exercise one or more of these rights.
A Colorado copyright attorney at our firm can represent parties on both sides of licensing and assignment transactions, and our experience ranges from drafting custom-tailored end user license agreements (EULAs) to representing clients in one-off deals. We represent our clients in connection with broadercommercial and corporate transactions as well.
Instances of copyright infringement can arise under a broad range of scenarios. From license violations to the importation and sale of infringing products, copyright owners need to know how to uncover instances of infringement and respond appropriately. Depending on the circumstances involved, failure to timely take responsive action can potentially result in the loss of copyright owners’ exclusive rights.
We have extensive experience representing clients in copyright infringement matters. While it will be possible to resolve infringement disputes informally in many cases, filing a lawsuit will occasionally be necessary. The Digital Millennium Copyright Act (DMCA) also affords options for addressing online infringement short of going to court, and most major internet service providers (ISPs) will appropriately handle DMCA notices when a Colorado copyright attorney is involved.
Schedule an Appointment with a Colorado Copyright Lawyer
For more information about our copyright services, please contact us to arrange a confidential initial consultation. Call 855-63-MAVEN orget in touch online to schedule an appointment with a Colorado copyright lawyer at MAVEN IP today.