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•  an original work of authorship;

•  the work must be fixed in a tangible medium; and

•  there must be a minimal amount of creativity.

Copyrights do not protect your ideas. They protect the tangible expression of your ideas.


Do I need a Copyright?

The owner of a copyright has exclusive rights to do and authorize others to do the following:

•  Reproduce the work

•  Prepare derivative works based upon the work

•  Distribute copies of the work

•  Perform or display the work publicly

To receive these exclusive rights and to be able to bring a lawsuit for copyright infringement, you must first obtain a copyright.


How do I obtain a Copyright?

A copyright is automatically secured as soon as you "create" an original work. A "poor man's copyright" can be obtained by sending a copy of your work to yourself, but is not a substitute for an officially registered copyright.

To be federally protected by copyright laws you must register your copyright by completing an application (paper or online) and sending it, with the correct application fee, to the Library of Congress Copyright Office. Registration becomes effective upon receipt of your application.

Once it has been determined that your application is acceptable and meets all necessary requirements, your registration is assigned a number and catalogued online. The application process is complex and a Copyright attorney from NeJame Law would be more than happy to assist you in the process.


How long does a Copyright last?

For works created after January 1, l978 copyright protection lasts for the life of the author plus an additional 70 years. Special anonymous works and works created prior to January 1, 1978, have different copyright durations


What is Copyright enforcement?

Properly registering your copyright with the Library of Congress Copyright office establishes a public record. Therefore, if you have properly registered your copyright, you have a cause of action against anyone who then copies your work. When determining whether a copyright has been illegally copied upon there is a 2 part test that is used: (1) Access-whether the alleged infringer had access to the copyrighted work and (2) Substantial similarity-whether the copied work is substantially similar to the original copyrighted work. Once it has been established that the copyrighted work has been infringed, the holder of the copyright may take action! At this point you need a copyright attorney who has experience in copyright enforcement.

There are three forms of indirect copyright infringement:

•  Contributory Infringement: this happens when someone knowingly induces, causes, or materially contributes to the infringing conduct of another

•  Vicarious Infringement Liability: this is when someone who has the right and the ability to supervise the copyright infringer also has an obvious and direct financial interest in the infringement of the copyrighted materials.

•  Intentional Inducement of Indirect Infringement Liability: This occurs when someone distributes a device or product with the clear object of promoting its use to infringe copyrights. The distributor of the device or product will be held liable for any resulting acts of infringement that result.

If you think that your copyright has been infringed or you would like legal assistance to enforce your copyright, call a copyright attorney at NeJame Law.

Contact a Copyright Attorney from NeJame Law in Orlando, Florida

We handle a variety
of cases involving:

  • Copyright

  • Trademark

    A trademark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services.  MORE

  • Trade Secret

    A trade secret can be any confidential business information that provides an enterprise a competitive edge. Trade secrets encompass manufacturing or industrial secrets and commercial secrets. MORE

  • Electronic Discovery (eDiscovery)

    Electronic Discovery is an emerging area of law that is changing the way litigation is handled. Together, the 20th and 21st centuries have birthed a new generation of technology. MORE

  • Technology Law

    At NeJame Law we are well equipped to help you with all of your Technology Law issues. Partner, Attorney Tom Sadaka, is in charge of the firm's Technology Law and Intellectual Property Law practice. MORE

  • Internet Libel

    Internet Defamation is a very real problem for businesses and individuals in our connected and social media obsessed society. MORE


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