Registration And Enforcement Of Copyrights
At the Law Office of Kattina V. Barsik, Esq., LLM, we consult with and represent clients in a broad range of issues relating to the acquisition, transfer, exploitation, negotiation, preservation and protection of their rights in copyrightable works.
We serve clients such as:
- Authors, playwrights and designers
- Musicians, composers, artists and performers of many varieties
- Print and electronic publishers
- Website owners, developers and users
How Copyright Protects Your Work
Copyright is a legal protection that grants creators and authors exclusive rights to their original creative works. These works encompass a wide range of artistic, literary, musical, dramatic and other expressive forms, which are fixed in a tangible medium of expression. Copyright provides creators with the authority to control how their works are reproduced, distributed, performed, displayed and adapted.
Key aspects of copyright include:
- Originality: To be eligible for copyright protection, a work must be original and exhibit a minimal level of creativity. It does not need to be groundbreaking; even a modest degree of creativity qualifies.
- Automatic protection: Copyright protection is granted automatically as soon as a qualifying work is created and fixed in a tangible form. Registration with a copyright office is not mandatory, but it can provide additional legal benefits.
- Exclusive rights: A copyright grants the holder exclusive rights to reproduce, distribute, perform, display and create derivative works based on the original work.
- Duration: Copyright protection typically lasts for the creator’s lifetime plus a certain number of years later, varying by jurisdiction. After the copyright term expires, the work enters the public domain and can be used freely by anyone.
- Fair use: Some uses of copyrighted material may be allowed under the principle of “fair use,” which permits limited use for purposes like criticism, comment, news reporting, education, scholarship and research without requiring permission from the copyright holder.
- Infringement: Unauthorized use of copyrighted material, including copying, distributing or adapting it without permission, constitutes copyright infringement and can lead to legal action.
- Copyright registration: While not obligatory, registering a work with a copyright office provides a public record of ownership and is often a prerequisite for filing a lawsuit for copyright infringement. It can also enable the recovery of statutory damages and attorney’s fees.
Data Protection, Websites And Electronic Publishing
At the Law Office of Kattina V. Barsik, Esq., we provide a full range of advice and services supporting the creation, development, maintenance, exploitation and protection of content and processes. Our clients turn to us for help with preventing and addressing violations of copyrights for websites and electronic publishers. Issues include registration of copyrightable content for websites and elsewhere, licensing and scraping of content, privacy, defamation and the exercise of First Amendment rights.
We also counsel clients on the most efficient and practical means to protect software and databases through copyright, patent, trade secret and other methods. In addition, we assist clients in protecting their copyrighted works on third-party websites by drafting and enforcing notice and takedown letters under the Digital Millennium Copyright Act (DMCA).
Get Answers And Guidance Today
When you have taken the time to craft an original work, also take the time to protect your work to the fullest extent under federal and international law. Let us help you safeguard your work.
At the Law Office of Kattina V. Barsik, Esq., LLM, we provide comprehensive trademark and trade dress services for clients, including clarification of the scope of trademarks and coaching through the necessary processes. Call 973-559-5355 or send an email request for a free strategy consultation.