Copyright Law

Whether you are a writer, musician, artist, software developer, or filmmaker, your original creations deserve protection. Copyright law provides a vital shield for your intellectual property (IP) in Massachusetts.

Embedded Counsel’s dedicated copyright attorneys are passionate about helping you understand your rights, navigate the legal landscape to safeguard your creative endeavors, and take action against copyright law violations in the greater Boston, MA area.

Understanding What Copyright Law Is

Copyright law is a branch of intellectual property (IP) law that grants creators of original works exclusive rights to their creations. Copyright protection extends to both published and unpublished works. It prevents others from using your work without permission.

Key benefits of copyright protection include the following:

• Protects your work: Copyright law safeguards your original creations from unauthorized copying or use, ensuring you control how your work is disseminated.

 

• Preserves value: Copyright protection can increase the value of your work, allowing you to exploit it commercially through licensing or sales.

 

• Attribution and recognition: Copyright grants you the right to be recognized as the author of your work.

 

• Public interest: Copyright law encourages creativity by providing incentives for creators to invest time and effort into producing original works.

 

Our copyright law firm can help you understand the benefits of copyright protection and take the steps necessary to protect your IP.

 

Types of Works Protected by Copyright

Copyright law protects a wide range of original works of authorship, including the following:

• Literary works: These works may include books, articles, poems, scripts, essays, song lyrics, blog posts, and software code.

 

• Musical works: These works may include songs and musical compositions.

 

• Artistic works: These works may include paintings, sculptures, photographs, and graphic designs.

 

• Architectural works: These works may include buildings with original designs.

 

• Cinematographic works: These works may include movies, films, and videos.

 

• Dramatic works: These works may include plays, screenplays, and musicals.

 

• Sound recordings: These works may include recordings of musical or spoken performances.

 

• Computer software: This content may include source code, user interfaces, and software programs.

 

Copyright Laws in Massachusetts

Federal statute, Title 17 of the U.S. Code, primarily governs copyright law in the United States. This means that copyright protection applies consistently throughout the country regardless of what state you reside in or where you create your work. While federal law governs the core aspects of copyright protection, state laws may apply in certain situations related to copyright, such as:

• Trade secrets
• Public records
• Contract law

It is recommended that you consult with our copyright and intellectual property lawyers in Massachusetts. We can advise you on the potential implications of state law in specific situations and assist you with any legal issues that may arise regarding your copyrighted works. 

Key Concepts in Copyright Law

Copyright law safeguards the original works of authorship created by individuals. Understanding these core concepts empowers you to protect your creative endeavors and navigate the legal landscape effectively:

• Copyright protection: Copyright protection grants creators of original works exclusive rights to their creations, including the right to reproduce, distribute, perform, display, and adapt the work. Copyright protection arises automatically upon the creation of an original work fixed in a tangible medium of expression, such as writing, painting, music, or digital media.

 

• Originality: Copyright protection applies to original works of authorship, meaning they must possess a minimal degree of creativity and originality. While facts and ideas are not eligible for copyright protection, the expression of those facts and ideas is protected.

 

• Fixation: Copyright protection extends to works fixed in a tangible medium of expression, such as writing, recording, or digital storage. The work must be sufficiently permanent or stable to be perceived, reproduced, or communicated for more than a transitory duration.

 

• Works covered by copyright: Copyright protection extends to a wide range of creative works, including literary works, musical compositions, sound recordings, and dramatic, choreographic, pictorial, graphic, audiovisual, and architectural works.

 

• Copyright registration: While common law copyright protection arises automatically upon the creation of an original work, registration with the United States Copyright Office (USCO) provides valuable benefits. Registration is not required for copyright protection, but it is recommended for additional legal protections.

 

• Exclusive rights: Copyright owners have exclusive rights to their creative works, including the right to reproduce them, distribute copies to the public, perform them publicly, display them publicly, and create derivative works based on the original work.

 

• Fair use: Fair use is a doctrine in copyright law that allows for the limited use of copyrighted works without permission from the copyright owner for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research. Fair use is determined on a case-by-case basis and involves consideration of factors such as the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the market for the original work.

 

• Public domain: Works in the public domain are not protected by copyright and may be freely used by anyone without permission from the copyright owner. Works may enter the public domain for various reasons, including the expiration of copyright protection, failure to meet copyright formalities or dedication by the copyright owner.

 

• Copyright duration: The duration of copyright protection varies depending on the type of work, the date of creation or publication, and other factors. In general, copyright protection lasts for the author’s life plus 70 years, or for works of corporate authorship, 95 years from the date of publication or 120 years from the date of creation, whichever is shorter.

 

• Copyright infringement: Copyright infringement occurs when someone violates the exclusive rights of the copyright owner by reproducing, distributing, performing, displaying, or creating derivative works based on the copyrighted work without authorization. Copyright infringement can lead to legal consequences, including injunctions, monetary damages, and attorney fees.

Understanding these key concepts empowers you to make informed decisions about protecting your creative works. Consulting with our experienced copyright lawyers is recommended for navigating the complexities of copyright and copyright infringement law and enforcing your rights effectively.

The Cornerstone of Copyright Protection

A work must be original to be protected by copyright. Originality does not require great creativity or artistic merit, but the work must be independently created and possess a minimal degree of creativity. For example, a factual compilation of data may be protected by copyright if the selection and arrangement of data reflects an original selection process.

Copyright law protects the expression of ideas, not the ideas themselves. For example, the concept of a love story is not copyrightable, but the specific plot, characters, and dialogue in a novel or film expressing that idea are protected.

The Copyright Registration Process

The U.S. Copyright Office provides an online registration system for most copyrighted works. Our Massachusetts copyright attorneys can guide you through the process, ensuring your application meets all legal requirements, including the following:

 

• Identifying the copyrightable elements: Not every element of your work may be protectable. We can help you determine the specific aspects of your work that qualify for copyright protection.

 

• Completing the application: The application form requires details about the work, your authorship, and whether the work has been published.

 

• Filing fees: The Copyright Office charges fees for registration, which can vary depending on your work type.

 

Benefits of Copyright Registration in the United States

Copyright protection arises automatically upon the creation of an original work in a tangible medium of expression. However, registration with the USCO offers several significant advantages, including the following:

 

• Stronger presumption of ownership: A registered copyright carries a stronger presumption of ownership in court, making it easier to enforce your rights.

 

• Increased damages: In infringement cases, registration allows you to seek statutory damages, which can be more substantial than actual damages.

 

• Eligibility for attorney fees: Successful copyright infringement lawsuits where registration occurred before or within three months of publication may entitle you to recover attorney fees from the infringer.

 

• Public record: Registration creates a public record of your copyright, deterring potential infringers.

 

• Prerequisite for certain legal actions: Registration is a prerequisite for filing a lawsuit for copyright infringement in federal court.

 

• Border protection: Registered copyrights can be used to prevent the importation of infringing copies from abroad.

 

Copyright Law Services Offered by Embedded Counsel

At Embedded Counsel, we offer many copyright services to help clients protect and enforce their copyright rights effectively. Our services include the following:

 

• Copyright registration: As mentioned, registering copyrights with the USCO provides valuable benefits. Our copyright attorneys can guide you through the copyright registration process, from preparing and filing the application to addressing any office actions or disputes that may arise.

 

• Copyright licensing and transactions: Copyright owners may license their works to third parties for various purposes, including reproduction, distribution, public performance, and digital streaming. Our copyright lawyers can negotiate and draft comprehensive copyright license agreements that protect your interests while maximizing the value of your IP assets and provide guidance on copyright assignments, transfers, and other copyright transactions.

 

• Copyright enforcement and litigation: If others infringe upon your rights, our copyright law firm can swiftly and decisively act to protect your interests. We have extensive experience representing clients in copyright enforcement matters, including cease and desist letters, Digital Millenium Copyright Act (DMCA) takedown notices, and federal court litigation, and are committed to vigorously defending your rights and securing favorable outcomes in copyright disputes.

 

• Fair use and copyright compliance: Copyright law provides certain limitations and exceptions to the exclusive rights of copyright owners, including the doctrine of fair use. Our attorneys can provide guidance on fair use considerations, help clients navigate copyright compliance issues to avoid infringement claims, and offer proactive strategies for managing copyright risks and maintaining compliance with applicable copyright laws and regulations.

 

• Digital copyright issues: With the proliferation of digital technologies and online platforms, copyright issues related to digital content have become increasingly complex. Our copyright lawyers can assist clients with navigating digital copyright issues, including digital rights management (DRM), licensing for digital distribution, copyright infringement in the digital environment, and enforcement of copyright protections in cyberspace.

 

• Copyright counseling and due diligence: Whether creating new works, licensing existing works, or evaluating copyright assets as part of a business transaction, our copyright attorneys can provide strategic counsel and due diligence services to help you make informed decisions. We offer tailored advice on copyright ownership, infringement risks, fair use considerations, and other copyright-related matters to support your creative and business objectives.

 

Copyright Infringement and Enforcement

Copyright infringement occurs when someone uses your copyrighted material without your permission in a way that violates your exclusive rights. Common examples of copyright infringement include the following:

 

• Unauthorized copying, downloading, distributing, or reproducing your work, such as copying a book or downloading a song illegally.

 

• Creating derivative works based on your copyrighted work without permission, such as making a movie based on a copyrighted novel without authorization from the author.

 

• Publicly displaying or performing your work without your permission, such as streaming a copyrighted movie without authorization.

 

Retaining our knowledgeable copyright lawyers at Embedded Counsel can help you fight back against copyright infringement.

 

Strategies for Enforcing Your Copyright

If you suspect copyright infringement, we can assist you with the following enforcement strategies:

 

• Cease and desist letter: We can send a formal letter demanding the infringer stop using your copyrighted work.

 

• Negotiation and settlement: We can attempt to negotiate a settlement agreement with the infringer, potentially including financial compensation and a permanent stop to the infringement.

 

• Litigation: If necessary, we will represent you in court to enforce your copyright rights and seek injunctive relief to stop the infringement and monetary damages.

 

It is essential to take action if someone infringes upon your copyright rights. Prompt action upon discovering copyright infringement is crucial. Delays can strengthen the infringer’s position and make enforcement more difficult, so contact us today so we can take swift and effective action on your behalf.

Contact Embedded Counsel Today

If you need assistance with copyright registration, enforcement, or compliance, Embedded Counsel is here to help. Contact us today to schedule a consultation with one of our experienced copyright lawyers and learn how we can assist you in protecting your valuable creative works and intellectual property rights.