ljHoffman, Esq - Intellectual Property Law

***The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. ___________________________________

Copyright Registration

01/03/10


1.) Registration is not a condition of copyright protection.

2.) Advantages to encourage copyright owners to make registration:

Registration establishes a public record of the copyright
claim.

Before an infringement suit may be filed in court, registration
is necessary for works of U. S. origin.

If made before or within five years of publication, registration
will establish prima facie evidence in court of
the validity of the copyright and of the facts stated in
the certificate.

If registration is made within three months after publication
of the work or prior to an infringement of the work,
statutory damages and attorney’s fees will be available to
the copyright owner in court actions. Otherwise, only an
award of actual damages and profits is available to the
copyright owner.

Registration allows the owner of the copyright to record
the registration with the U. S. Customs Service for protection
against the importation of infringing copies.

Registration may be made at any time within the life of
the copyright.

Contact our office to find out how we can help you.

Copyright Notice

01/03/10

The use of the copyright notice is the responsibility of the copyright owner and does not require advance permission from, or registration with, the Copyright Office.

Form of Copyright Notice for Visually Perceptible Copies

01/03/10

The notice for visually perceptible copies should contain all
the following three elements:


1 The symbol © (the letter C in a circle), or the word
“Copyright,” or the abbreviation “Copr.”; and

2 The year of first publication of the work. In the case of
compilations or derivative works incorporating previously
published material, the year date of first publication of
the compilation or derivative work is sufficient. The year
date may be omitted where a pictorial, graphic, or sculptural
work, with accompanying textual matter, if any, is
reproduced in or on greeting cards, postcards, stationery,
jewelry, dolls, toys, or any useful article; and


3 The name of the owner of copyright in the work, or an
abbreviation by which the name can be recognized, or a
generally known alternative designation of the owner.

Example: © 2008 John Doe

How Long Copyright Protection Endures
01/03/10

-A work that was created (fixed in tangible form for the first
time) on or after January 1, 1978, is automatically protected
from the moment of its creation and is ordinarily given a
term enduring for the author’s life plus an additional 70
years after the author’s death.

-A joint work "prepared by two or more authors who did not work for hire,”
the term lasts for 70 years after the last surviving author’s
death.

-Works made for hire, and for anonymous and
pseudonymous works (unless the author’s identity is revealed
in Copyright Office records), the duration of copyright will
be 95 years from publication or 120 years from creation,
whichever is shorter.

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***The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.