| Michael E. Byczek, Attorney at Law |
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 Hear a nice song? Wait... That was your song!
Wow, Great Photograph. Isn't? Yes, that is yours! That catalog was really helpful. Look familiar? That guy's newsletter has lots of helpful advice. Didn't you just?... This drawing on the Internet is spectacular. Hmm.... Like that thrilling book? Plot sounded kinda like... Her words were poetic beauty. You two definitely think alike! You created these original works of creative material. What could you have done? Copyright Your Work Copyright law protects original material from infringement. It works like a time-stamp. You submit sample material to the Copyright Office and get a certificate with a date the copy was received. When an infringer claims your work as their own, all you need to do is (1) prove the two works are the same and (2) that you have the earlier time stamp. What is a Copyright Legal Coach? Michael Elliot Byczek is a licensed Illinois attorney. He assists with how to classify the material and what types of samples should be submitted for an accurate time stamp. Or, he will submit the application on your behalf. Other services include an infringement search. Copyrights are not expensive. The federal application fee is $35 (electronic filing). Typically, protection will last for 70 years after the author's death. Over 32 million unique registrations have already been filed in the United States. What is a Copyright? The owner of a registered work has exclusive rights to the following activities. (1) Reproduce the copyrighted work (2) Prepare derivative works (3) Distribute copies to the public by sale or other transfer of ownership, or by rental, lease, or lending (4) Perform publicly (literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works) (5) Display publicly (literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic or sculptural works) (6) Perform publicly by means of a digital audio transmission (sound recordings) There are different application forms and requirements for each category of registration. There are 5 standard categories: literary works, performing arts, visual art, sound recordings, and serials. There are also special deposit requirements for certain material. For instance, if registering a nondramatic literary work, the number of copies to submit depends on when it was published, in which country publication took place, and whether the material is part of a collection. Sound recording deposits include not only the music itself, but also any record sleeves and jackets. Visual art registration depends on whether the work is published, in which case two copies should be submitted. If unpublished, only one copy. If registering a web site, only five representative pages are necessary. Benefits of Registration If you don’t register with the U.S. Copyright Office, you are limited with infringement remedies (state court and law). With registration, you can sue in federal court using special laws for copyright owners. Both state and federal court require you to prove actual damages and profits of the infringer that would have been yours without the infringement. This could be extremely difficult. Federal court is much easier. You could elect what is called statutory damages. Without having to prove anything, the judge may automatically award a minimum of $750 to a maximum of $30,000. Willful infringement raises the maximum to $150,000. You may also receive reasonable attorney fees and full court costs. Registration also allows you to record with the U.S. Customs Service for protection against importation of infringing copies. Protection is based on the deposit submitted with the application. Revisions are not protected. If a verse in a song is changed, it is a new song without federal copyright. If you write online newsletters on a weekly basis, each individual edition must be registered with a separate fee and application. Copyrights exist at the very moment of conception (assuming it is fixed in a tangible medium). You don’t have to register your work with the government or call an attorney. You need never even register with the Copyright Office. However, an infringement case is limited to State court without the benefit of federal law. A small fee is worth the risk of limited legal recourse against infringement. Copyright © 2008-2010. Michael E. Byczek. All Rights Reserved. |