Below you'll find a list of all posts that have been tagged as “copyright”
The essence of copyright law is to encourage individuals to express their creativity and share that creative expression with the public without fear that the work will be taken and reproduced by others. There are two fundamental elements to a copyright: (1) an original expression that is (2) fixed in a tangible medium. An original expression means that the author …
Probably not. There is a common misconception that if a photograph does not have the little ©, or some sort of watermark designating the picture as belonging to someone else, it is not protected by copyright law and is free for the taking. That is simply not true. Copyright protection attaches the moment an author fixes a form of creative expression …
Many people throw around the term “copyright infringement” without fully understanding the legal elements of a copyright infringement claim. Given the ease at which modern day media can be copied, especially over the internet, every person and business should have a clear understanding of copyright infringement so that they can protect themselves and their intellectual property. When Infringement Occurs When …
Both of you can be held liable. As the end user that financially benefits from your website and because you have the ability to direct and supervise your web designer, you are liable for any copyright infringement committed by your web designer. This is true whether or not you or your web designer actually knew that he or she infringed …
Wondering whether your business needs a copyright, a patent, or a trademark? Unsure as to which one you need? Don’t worry, you’re not the first. The type of intellectual property protection your business needs depends upon the subject matter you are trying to protect. To ensure you are completely protected, it is important that you know what type of protection …
Like trademarks, registration is not required to enjoy legal protection in a copyrightable work. A copyright is obtained automatically by the author as soon as some creative form of expression is fixed in a tangible medium. However, there are some significant benefits of registering your work with the United States Copyright Office. These benefits include: 1. Public notice of your …
The answer to this question is “Yes” if you want to own the work an independent contractor just created for your business without having to obtain the contractor’s permission and pay him or her royalties. Typically, any work created by an independent contractor is owned by the contractor unless a work for hire agreement is signed. What is a Work …
If you operate a website that allows users to post or generate content, you may be liable for contributory copyright infringement. With statutory damages between $750 and $30,000 per work, or actual damages, available to aggrieved parties, liability for infringement can easily run into the millions of dollars. Luckily for online service providers, the Digital Millennium Copyright Act of 1998 …
Copyright protection finds its roots in Article I, Section 8, Clause 8 of the Constitution, which gives Congress the power “[t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Through this Constitutional power, Congress passed the Copyright Act of 1976. This Act …
The term of a copyright will depend on a few different factors. For purposes of this article I will assume the work was created after January 1, 1978. For works created by an author, the duration of the copyright lasts for his or her entire life. Additionally, protection continues for an additional 70 years after the author’s death. If the …
