Important Facts About Copyright Attorney
A copyright is a form of intellectual property which is protected under United States law and granted to authors of "original works of authorship". This can include literary works, motion pictures, photographs, drawings, musical recordings, computer software, or any other mediums in which an original idea may be encompassed. The owner of a copyrighted work may reproduce the work, develop derivative works, distribute or sell the work, display the work publicly, or give rights to another individual or entity through a contracted license.
According to United States
copyright laws, a person will automatically receive ownership of a copyright
once an original idea has been expressed within one of the fixed mediums
mentioned above. However, in order to earn full protection under the terms of
United States intellectual property law and ensure that any potential legal
battles in the future are resolved quickly and easily, it is essential to register
a copyrighted work with the U.S. Copyright Office. Copyright attorneys who are
knowledgeable in intellectual property law will guide an individual or entity
through each step of the registration process.
What is a Copyright Attorney?
Copyright Attorneys are legal
professionals who are knowledgeable in copyright intellectual property law.
While some copyright lawyers specialize strictly in copyright law and legal
procedures, many copyright lawyers also have a great deal of knowledge in all
forms of intellectual property, including copyrights, patents and trademarks.
Copyright attorneys assist
their clients by advising copyright holders through the registration process.
In addition, if a copyright holder believes that their work of authorship has
been infringed upon, their copyright lawyer will be able to assist them through
the process of filing the lawsuit and presenting a valid argument against the
defendant.
Copyright lawyers are educated
with standard law degrees from any licensed law school in the United States.
There are no formal specialized educational systems which preclude becoming a
copyright lawyer or any other type of intellectual property lawyer (though
patent lawyers may require additional education). A law school graduate becomes
a copyright lawyer after practicing copyright law professionally. After years
of gaining experience in the field and studying intellectual property law, the
copyright lawyer will become more reputable within the field. It is not
uncommon for copyright lawyers to expand their knowledge into trademark and
patent law as well.
The salary of copyright
attorneys largely depends on a number of factors. The median salary of an
intellectual property attorney in the United States is about $103,000, though
the exact amount may depend on if the attorney is working in the private or
public sector and if the attorney is working through self-employment or at a
law firm. Due to higher demand of mechanical and scientific expertise, patent
attorneys typically make more money than trademark and copyright attorneys.
Though the registration process
and copyright lawsuits do not require the assistance of a copyright lawyer, it
is highly recommended that an individual or entity without a legal background hire
a copyright lawyer during these proceedings. They will inform a client if they
have a valid argument against a suspected copyright infringer and they will
ensure that a client's case is presented effectively and the maximum amount of
damages are awarded.
Copyright Attorneys and Registration
Registering a work of
authorship with the help of a copyright attorney will provide solid evidence of
ownership, giving a person exclusive rights until seventy years after his or
her death. For works done for hire, the copyright exclusivity will last either
95 years from the publication or 120 years from its creation, depending on
which is shorter. In addition, copyright registration will allow a plaintiff in
a copyright infringement lawsuit to not only collect damages for the
infringement, but also collect on any copyright attorney fees required during
the legal process.
Copyright Attorneys and Infringement
If a person or entity has
discovered that a copyright under their ownership has been infringed upon by
another party, they should seek legal action immediately to better their
chances of receiving damages. It is important for the copyright holder to
thoroughly discuss the infringement with a copyright lawyer so that a better
understanding about possible options could be examined.
Related Topics
- Public Domain
- Quick Berne Convention Overview
- TRIPS Agreement At A Glance
- Answers to Copyright Questions You Must Know
- Quick Internet Piracy Overview
- The Digital Millennium Copyright Act of 1998 Overview
- Copyright Trolls
- WIPO Copyright Treaty 1996 Overview
- Intellectual Property Rights Act of 2008 Overview
- Web Scraping