Copyright Law: Providing Advice And Guidance To Clients In The Bay Area

Copyright law grants certain exclusive rights to creative works. These rights include the right to reproduce, distribute, perform, display and prepare adaptations and derivative works based on the original. If any of these rights in your work are infringed upon by another or your work is accused of infringing upon someone else’s work, you need a strong and skilled copyright attorney who is capable of navigating the complex and technical landscape of federal copyright law.

I am attorney Larry Townsend, a veteran intellectual property lawyer with over 40 years of experience. As a published author myself, I have a deep and multifaceted understanding of copyright law. I founded Lawrence G. Townsend, Intellectual Property Lawyer, to provide advice and assistance to those navigating intellectual property issues in Silicon Valley and the Bay Area.

Legal Counsel And Advice For Copyright Concerns

In my extensive experience, I have an established network of resources and the versatility to respond to a full range of copyright concerns, including:

• Litigation: Whether you need help enforcing or defending a copyright claim, I can provide guidance and advice based on a wide breadth of experience. Whether your situation involves ownership issues, money damages, fair use or public domain material, I can help.
• Publishing law: Whether you have a new publishing agreement or need counseling on whether there are grounds for the reversion of rights in a nonproductive prior publishing agreement, an experienced publishing law attorney can answer your questions.
• Transactions: It is best to draft and implement sound agreements on work for hire, licensing and other copyright issues right from the start. This helps minimize the risk of litigation later.

As an author myself, I know how critical copyright protection is, yet I also understand how complex the law can seem. It doesn’t have to be. If you work with me, I can take the guesswork out of copyright-related issues.

Answering Your Frequently Asked Questions About Copyright Law

If you are struggling with a copyright issue or concern, you probably have a lot of questions. Here, I try to address some of the most commonly asked questions. However, every case is different and unique. For answers to your specific questions, I invite you to schedule an initial consultation appointment. I can answer your questions and tell you more about how I can help.

What can be copyrighted?

Copyright is available under 17 U.S.C. Section 102 to “original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced or otherwise communicated, either directly or with the aid of a machine or device.” Works of authorship include:

• Literary works
• Musical works, including any accompanying words
• Dramatic works, including any accompanying music
• Pantomimes and choreographic works
• Pictorial, graphic and sculptural works
• Motion pictures and other audiovisual works
• Sound recordings
• Architectural works

To be “original” means only that the work was created by the author, i.e., it was not copied from other works. Under Section 102(b), copyright does not extend to “any idea, procedure, process, system, method of operation, concept, principle or discovery, regardless of the form in which it is described, explained, illustrated or embodied in such work.” In short, copyright protects the expression of ideas, not the ideas themselves.

What exactly are the rights of copyright?

Under 17 U.S.C. Section 106, the copyright owner has the exclusive right to do or authorize others to do any of the following:

• To reproduce the copyrighted work in copies or phonorecords
• To prepare derivative works based on the copyrighted work
• To distribute copies or phonorecords of the copyrighted work to the public by sale or transfer of ownership or by rental, lease or lending
• In the case of literary, musical, dramatic and choreographic works, pantomimes, motion pictures and other audiovisual works, to perform the copyrighted work publicly
• In the case of literary, musical, dramatic and choreographic works, pantomimes and pictorial, graphic or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly

What is a work made for hire?

Under Section 101 of the Copyright Act (Title 17 of the U.S. Code), work made for hire is:

(1) A work prepared by an employee within the scope of his or her employment; or (2) a work specially ordered or commissioned for use as a contribution to certain works that are collaborative in nature, e.g., as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test or as an atlas, but only if the parties expressly agree in writing signed by them that the work shall be considered a work made for hire.

If it is a work made for hire, the copyright owner is the hiring party, and the hired party has no rights to the work. If, on the other hand, the hiring party has not complied with the strict requirements to make it a work made for hire, the creator of the work is the owner. Under such circumstances, work may only be acquired by the hiring party through an assignment from the author and payment of any agreed-upon consideration.

What is a copyright infringement?

Copyright infringement occurs when there is copying of a work by an infringer to the degree that the accused work is “substantially similar” to the infringed work. Copying occurs only when the infringer has had “access” to the infringed work, i.e., an opportunity to see, hear or otherwise perceive the infringed work. Without such access, no copying can occur. For example, it is possible for two songwriters to write the same melody; if the second songwriter had never heard the first songwriter’s work, there could be no copyright infringement, even if the two works are indeed substantially similar.

What are the remedies for copyright infringement?

Under 17 U.S.C. Sections 503 and 504, a copyright owner may seek an injunction in federal court and a monetary recovery, including actual damages and/or the infringer’s profits illicitly gained. Alternatively, a copyright owner may seek statutory damages for infringement that may reach up to $150,000 per infringed work. In addition, under Section 505, attorneys’ fees and costs may be awarded under certain circumstances.

Is it necessary to register a copyright?

The author owns the copyright to a work from the moment of its creation. Hence, registration is not necessary to perfect ownership. However, there are significant advantages to timely registration. Under Section 411, registration is necessary before any suit for copyright infringement can be filed. Also, if the registration has been obtained before the infringement commences, the copyright owner may be entitled to an award of statutory damages and attorneys’ fees under Section 412; without a pre-infringement registration, there can be no such award.

Schedule A Consultation With A Bay Area Copyright Lawyer

If you are struggling with a copyright issue, don’t delay in seeking advice. It can bring peace of mind to get help to better understand your copyright issue. An experienced attorney can advise you on whether or not action is needed and what steps to take to protect your rights.

I am available for initial consultations by appointment. To schedule an appointment, please call my office at 415-906-2792 or use my online form to send me an email inquiry.