Many people wonder how do I get a copyright? The dirty little secret of copyright law is that you do not really need to do anything to obtain a copyright. Once you take that thought in your head and put it to paper you have already obtained a copyright in what you have written. It is not the legal process to register a copyright which gives the author the copyright but the process of creating the work in the first place. Granted, the protections offered from registering your copyright are much greater than the protection which is afforded to unregistered copyrights, however, unregistered copyrights are still able to be protected.
I have this great idea, how do I protect it?
In order to reap the benefits of a copyright you must take the idea and fix it in a tangible medium of expression which is a round about way of saying that you cannot protect what you have created until you take it out of your brain and bring it into the physical world. The way in which you express your idea is what is protected by copyright, not the idea itself. The originality that comes from any intellectual pursuit is that which copyright protection is meant to protect.
Ok, I have written my idea, now no one can use it, right?
Well, yes, and no. Once you have written your work down, no one can directly copy your idea. If someone comes happens to stumble across your writing, and he decides that he is going to claim it as his own, he will not be able to within the bounds of the law. If, however, someone comes up with the same idea without ever seeing your writing then there is nothing which will stop him from writing based on the same idea. Copyright protects original works of authorship but does not prevent two authors from having the same idea.
How do I stop someone from copying something which I have written?
If you choose not to register your work, and you would like to stop someone from copying it, you need to register it. That’s right, although you have a copyright in your work just by fixing it in a tangible medium of expression, you cannot actually sue for copyright infringement if you do not register the work.
So I can wait to register my copyright until someone starts infringing it?
If you can register after you discover infringement why would you pay to register beforehand? Well, this is another facet of copyright law, you can only get statutory damages if you have a registered copyright of a United States’ authored work, which is later infringed, You cannot get statutory damages if you register after the alleged infringement. In order to recover under a suit for Copyright infringement you would need to prove actual damages which can be very difficult and costly. Not only does later registration affect your ability to collect statutory damages, if you don’t register within 5 years of publication the court will no longer accept your registration as prima facie evidence of the validity of the copyright registration.
So in the end, you can have a copyright without going through the registration process but that unregistered copyright may not be of much use to you. It is necessary to register in order to get the protection which most authors believe is given by copyright laws. The fees for registration are minimal, especially when compared to the possible losses in the event that your work is infringed.
If you have any interest in protecting something which you have undoubtedly spent a great deal of time creating then the only prudent action is to register for the protection which you need and deserve as an author. It is exponentially easier to protect your rights before your copyright is infringement than it is after you discover an infringement. You can never have too much protection or too much evidence on your side that you are the true owner and creator of a piece of authorship. The process of registration and the protections of registering a copyright will be covered in a future post.
Do yourself a favor and contact an attorney to find out how to protect your rights by registering a copyright. It is never too early to investigate the best way to keep your creations under your control. We always offer a free initial consultation to anyone that is interested, call us now to start the process of protecting yourself 732-444-6303 (Stone Law, P.C.).
Today is the first day our blog, NewYorkCopyrightAttorney.com is online. We hope to use this site as an informational page which will help guide our clients and the public through the intricacies of copyright law. Hopefully you will find what follows to be both informative and entertaining.
Our goal is to provide ourselves as a resource that will help educate anyone that comes across it. This page is not legal advice, it is just our personal opinions about copyright law and how we at Stone Law, P.C. believe copyright law should be. If you would like legal advice, we offer free consultations and can be reached at 732-444-6303.
We look forward to being your source for copyright law and welcome any questions or comments which you may have.
In 1998, Congress passed the Digital Millennium Copyright Act, which includes a variety of provisions to address intellectual property concerns including things like digital material and the Internet. In addition, the DMCA updated U.S. law to implement two World Intellectual Property Organization treaties from 1996. The DMCA strengthens penalties for digital piracy, including criminal penalties for tampering with anti-piracy measures in software. The manufacture of software or devices to circumvent copyright protection measures is also prohibited. There are several exceptions to these penalties, including law enforcement, libraries, and educational institutions, as well as a temporary exception for copying data while repairing your computer. Although it includes these new penalties, Title 1 of the DMCA specifies that there are no changes to the existing copyright infringement rights, remedies, or defenses. The DMCA also exempts foreign copyright holders from the U.S. law that requires copyrights to be registered with the U.S. Copyright Office before an infringement lawsuit can be filed. Stone Law can help you navigate the DMCA’s technological provisions and penalties and protect your rights.
The DMCA makes a special provision for internet service providers that absolves them of copyright infringement liability provided they follow specified guidelines. ISPs can avoid liability if they follow the Act’s guidelines. One requirement is that ISPs block access to any infringing material after they receive notice of an infringement claim from a copyright holder. Additionally, ISPs are required to implement a policy for terminating repeat infringers. ISPs can neither benefit directly from infringement nor have knowledge that would make infringement apparent. Once they are notified of infringing material, ISPs must remove the offending material promptly. If they comply with the DMCA, ISPs are immune from monetary damages, but may be ordered by a court to take action, including blocking infringing content. Not only do ISPs benefit by avoiding liability, but also the notification system allows them to rely on others to determine whether material is infringing. It can be unclear whether material infringes on a copyright, and the DMCA allows ISPs to avoid making that complex decision. Copyright holders are also given the right to subpoena ISPs for the identification of copyright infringers. If you believe your copyright has been infringed upon by someone, Stone Law’s experienced intellectual property attorneys can help you subpoena the necessary records to determine the best way to protect your rights.
While copyright holders can benefit from the DMCA, there are several requirements for the notice they give to ISPs to be adequate. If you believe that information online infringes on your copyright, Stone Law can help you draft and send notification to have it removed. A copyright holder’s notification to an ISP must include:
– A signature of an authorized agent of the copyright holder
– Identification of the copyrighted work(s)
– Information on the infringing materials or activity and how the ISP can locate it.
– Contact information for the party alleging infringement
– A good faith statement that the material is not authorized by the copyright holder, an agent, or the law.
– A statement that the information in the notification is accurate and the party filing it is authorized to do so under penalty of perjury.
Adequate notice is required before an ISP can take action to remove infringing content. It can be difficult to compile the notice required before an ISP can remove infringing content. In order to ensure that removal is not delayed, Stone Law can help you prepare and send adequate notice to an ISP.
If you believe your content has been unnecessarily taken down by an ISP, you can file a counter-notice, stating a good faith belief the material should not have been taken down. Stone Law can help you prepare an adequate counter-notice and navigate any following lawsuit.
The DMCA is part of the body of digital copyright law that is still developing, and, as a result, the rights and remedies available to you can be confusing. Contact us for help if you have concerns about your rights as a copyright holder or if you believe your content has been mistakenly removed.