Sacramento Copyright Lawyer

Definition and Scope of Protection

Copyright protects original (not copied) works of authorship that involves at least a tiny bit of creativity. The author holds the copyright immediately upon the creation of the work. A work is 'created' when it is 'fixed' to a medium that can be read, visually perceived, or heard. The author does not need to register the copyright to obtain the right of ownership in the work. The Copyright Act gives the owner the exclusive right to:

Reproduce the work
Prepare derivative works of the work (e.g., a book made into a movie)
Distribute copies of the work to the public
Perform or display to the public

Literary works
Dramatic works
Musical works
Pictorial, graphic, and sculptural works
Audio-visual works
Sound recordings
Architectural and design works
Computer software

It is critical to understand what copyright law does not protect, but which may be protected by other areas of the law (e.g., trademark, patent, trade secret). Matters which are not afforded copyright protection are as follows:

Titles, names, and short phrases
Logos, familiar symbols or designs
Ideas, procedures, methods, concepts, discoveries, or devices
Blank forms, common lists and tables, and facts

Registration

It is not necessary to register your copyright in order to protect your copyright, but there are some very practical reasons for registering for a copyright. First, registering is inexpensive and the application is relatively simple. Second, registration affords the owner additional rights and advantages, including the following:

Work must be registered before a lawsuit for infringement may be filed
If made before or within 5 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 3 months after publication of the work or prior to an infringement of the work, statutory damages (up to $150,000 per infringement) 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.

Ownership of Copyright

Generally, the author of a work is the owner of the copyright. An exception to this rule is when an employee creates a work within the course and scope of his or her employment. This is called a work-made-for-hire. Some factors to look at to determine whether an employee is acting within the scope of employment when creating a work are: Control over the work, ownership of the tools used, location of the work, benefits, and tax treatment of the compensation earned.

Another type of work that may be deemed a work-made-for-hire is a work prepared by an independent contractor. The same types of factors used to determine an employee/employer relationship are used to determine independent contractor status. Once the author is found to be an independent contractor, the work may still be deemed a work-made-for-hire only if it is specially ordered or commissioned and the parties expressly agree in a written instrument signed by both of them that the work shall be considered a work-made-for-hire.

Of course, you may transfer some or all of your ownership rights to a copyright to another person. All transfers must be in writing and signed by the transferor.