Copyright Attorney

Helping authors secure rights to their creative, original works

Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:

• To reproduce the work in copies or phonorecords;
• To prepare derivative works based upon the work;
• To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
• To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
• To display the 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; and
• In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.

In addition, certain authors of works of visual art have the rights of attribution and integrity as described in section 106A of the 1976 Copyright Act. Each copyright application offers a unique scope of protection. Knowing your rights upfront is vital to securing your ownership of your literary work, sound recording, musical piece, screenplay, motion picture, painting, mosaic or other type of artistic expression. The Law Office of Ashkan Najafi, P.A. can help you determine whether copyright protection is appropriate for your true business goals.

Examples of original works that can be protected under copyright law include the following:

• Logos and product packaging
• Software and databases
• Audio recordings and music
• Film, video productions and motion pictures
• Technical and architectural designs
• Books, magazines and other publications
• Sculptures
• Fabric designs
• Examinations and tests
• Mask works (semiconductor chips)

The scope of the practice encompasses:

• Initial filings
• Fair use litigation

Initial filings

To gain the most benefit from a copyright, you must file your copyright application with the USCO before the publication or within three months of the publication of your work of art. Keep in mind that a U.S. copyright does not give you rights to control the use, duplication or distribution of your creative work outside of the United States. International copyrights must be filed to give you universal and exclusive control over your creative expression.

Once you obtain a copyright, you own all rights associated with the work — including the rights to the original expression, to create copies of the expression, to distribute those copies, to perform the work publicly and to transmit it via digital audio — during your lifetime plus 70 years from publication (95 years if your artistic work is a "work for hire") or 120 years from publication, whichever is shorter.  You can distribute, market or sell your copyright at will.

Back to top

Fair use litigation

Owning a copyright to your literary work, visual art, performing art, sound recording, web design or any other type of artistic expression may not make a difference to you until an infringement occurs. Fighting back against infringement requires an in-depth analysis of fair use laws. Generally speaking, the courts have held that anyone who intentionally infringes on another's copyright for the purposes of commercial or financial gain, reproduces or distributes copies with a total retail value over $1000, or makes an unpublished work publicly available on a computer when they know the work was intended for commercial distribution has violated fair use laws for copyrighted materials. For each instance of intentional infringement, you as the author, musician or artist could be entitled to monetary compensation and reimbursement of attorney fees.

Copyright Infringement Defenses

• Independent Creation: A piece of work was created independently, but contains similarities to previously copyrighted work.
• De Minimis Copying: Material used is considered trivial.
• First-sale Doctrine: Material purchased may be sold or given to another as long as additional copies aren't made.
• Fair Use: Materials can be used for scholarship or review as long as they follow the four-factor balancing test.

A registered copyright can go a long way in substantiating your claim. Mr. Najafi can advise you of your legal rights and options if you are thinking about enforcing a copyright infringement claim or defending against such a claim.

Back to top

Call 904.296.0055 or contact Mr. Najafi to schedule a free initial consultation.