Significant time, creativity,
hard work and financial funds are expended in developing a Creative work. Securing copyrights protection to safeguard
rights to capitalize on the investments made in the creative work are crucial
nowadays. At Scutum IP Law Firm we assist startups,
technology companies, architects, artists, authors, engineers, photographers,
and other creative people determine whether their creative material is entitled
to copyright protection and, if it is, we help protect and control the use of
their work through securing copyrights.
First let us define copyright, what can
you protect under its umbrella and all its general aspects:
A copyright is a form of legal
protection provided by federal law that gives the copyright holder certain
exclusive rights for the use and distribution of an original work of
authorship. These rights include the exclusive legal right to print, publish,
perform, film or record literary, artistic, or musical materials, and the right
to authorize others to do the same. In essence, a copyright protects your
unique ideas and material from being used or profited by others.
Copyright laws are used to protect works of visual
art, websites, books, music, video/board games, literary works, film, software,
sculpture and even architectural drawings, it laws were designed to protect the
expression of an original work of authorship. A copyright entitles the author to
prevent others from unauthorized reproduction, distribution, display,
performance, and creation of derivative works from the original copyrighted
work.
Copyright law covers a very broad range
of intellectual, artistic, and creative forms, including but not limited to:
Ø Literary works, including computer programs and databases with or without illustrations, published or unpublished including books, poetry, manuscripts, reports, speeches, pamphlets, brochures, textbooks, catalogs, and directories.
Ø Musical work, including any accompanying words the original composition and arrangement, as well as modified versions having added copyrightable material.
Ø Dramatic work and any accompanying music including plays, screenplay, and radio or television scripts but not the title of a program or series of programs.
Ø Pantomimes and choreographic works.
Ø Visual arts work, including pictorial, graphic, and sculptural works and two-dimensional and three-dimensional works of fine, graphic, and applied art such as advertisements, bumper stickers, comic strips, collages, dolls, toys, drawings, greeting cards, puzzles, photographs, posters, reproductions, and technical drawings such as blueprints, diagrams, or architectural plans.
Ø Motion pictures and other audiovisual work including the camera work, dialogue, sounds.
Ø
Sound
recordings both the performance and the engineering or production.
There are protections under law for unregistered
copyrights, but there is a difference between a registered copyright and an
unregistered copyright. Initially, a copyright comes into existence
automatically from the moment an author reduces the work to a tangible medium
of expression. In other words, copyright exists the moment when the work is
created. For a painter, this could be when brush is put to canvas. For a
photographer, this could be when the photographer takes the photo.
Registration is merely the process of submitting
copies of the work of art to the copyright office of the desired country with
appropriate forms filled out for registration. It is preferable to have
a registered copyright as opposed to an unregistered copyright for a
variety of reasons. These include the availability of statutory damages and an
enhanced likelihood of recovering attorney fees from pursuing infringers.
They can be the same in some instances. However,
counterfeit is a term that is usually reserved for the most egregious forms of
copyright infringement. Copyright infringement, on the other hand, is not
necessarily counterfeiting. Counterfeit refers to fakes and usually involves
placement of counterfeit marks on goods. Copyright infringement means there
could just be a substantial similarity between the works of the plaintiff and
defendant. In most cases, copyright infringement is a civil matter handled in
federal court, whereas a counterfeit case can involve civil or criminal justice
systems.
You should contact an attorney immediately who is
familiar with copyright infringement litigation. If you have
a litigation matter, do not hesitate to contact our firm for
a free consultation. Do not contact the person who sent you the letter or
filed the lawsuit without having suitable representation.
The primary issue is whether the defendants work is
substantially similar to the work of the plaintiff. In many cases, there may be
questions as to the true authorship and originality of an alleged copyrighted
work. There are usually important issues about whether the defendant had access
to the plaintiff’s alleged copyright work and whether infringement was willful
which can trigger enhanced damages. Assuming there is a clear-cut case of
liability for copyright infringement, there can still be a variety of issues
regarding the proper measure of damages.
If a work has been specifically commissioned for one
person or a business, it may be what is known in copyright law as a work for
hire. In the case of a work for hire, ownership of the copyright will actually
rest with the hiring party instead of the author of the work, so it is
important to clarify business relationships. A work that is created by an
employee in the course and scope of employment will also usually belong to the
employer.
If you need to commission a work of art, website,
engineering drawings, or if you are being asked to sign a work for hire
agreement, you should consult with an attorney familiar with
copyright laws so that you understand your rights. Work for hire laws will
apply to all sorts of creative specialties such as website designers, graphic
artists, photographers, and computer programmers.
At Scutum IP Law Firm, we handle all
aspects of copyright law. Our legal team assists artists, musicians,
publishers, software companies, writers, photographers, and businesses with protecting
their online content, published media, and other original works.
We cover all of our clients needs regarding
copyrights from Litigious matters including civil, criminal and administrative
actions for the validity of rights; disputes; infringement; copyright and
piracy; Protecting complex production or co-production schemes, by drafting and
negotiating licenses and other forms of agreements, and by clearing third
parties’ rights.
We represent clients in a variety of copyright-related
matters in both transactional and litigation situations all over the
Middle East & North Africa. We can assist you through the process of
applying for copyright registration and establishing a public record of your claim. Additionally,
if someone is using your idea or material without your authorization, we can
help to enforce your copyright protections.
We offer our clients detailed opinions on
whether new or contemplated products would infringe upon the intellectual
property, including copyright, of another business. Our law firm attorneys
research related products or technology, prosecution history of the
competition’s designs, and related intellectual property.
Fully analyzing the scope of a
competitor’s product guides our client strategies for developing or introducing
novel products in the marketplace to avoid otherwise challenging legal issues.
Our attorneys have experience
representing clients during litigation regarding copyright infringement,
license, and royalty disputes, and other copyright-related matters.
To learn more about common questions
about copyrights in the Mena region, do not hesitate to contact us.
Kindly note
that, the above information is simplified and must not be taken as a definitive
statement of the law or practice.