New Jersey Copyright Attorneys

What Rights Does a Copyright Owner Have?

Copyrights cover works that are captured in a tangible medium, which generally includes artistic works such as music, movies, books, and even architectural designs. In most cases, the owner of the copyright (generally the creator of the work) reserves the exclusive right to:

• Reproduce or copy the work
• Make derivative works such as sequels
• Display or perform the work publicly
• Distribute, sell, or rent copies of the work

Experienced Copyright Attorneys in Bergen County

For many businesses, proprietary and creative projects can be a crucial component of success. Although you will generally gain copyright protection when a qualifying work is created, this does not allow you to truly protect your property or enforce these rights in court.

If your business has confidential or proprietary information to protect, it’s vital to contact an experienced business law attorney. At M. Ross & Associates, LLC, our attorneys are well-versed in a wide range of business matters, including copyright and trademark protection. Whether you’re proactively trying to protect your property, attempting to license it, or are considering litigation over an infringement, our firm is here to help.

Why Should I Register a Copyright?

In the United States, copyright protection is automatically granted when an original, qualifying work is created in a tangible medium; for example, a book will be copyrighted as soon as it is written on paper. However, you will not be able to file a lawsuit for infringement if the copyright is not registered.

Failure to register could potentially lead to a situation where someone unlawfully uses your intellectual property, causing damage to your business without the recourse to stop them. If you register your copyright, even if it’s long after the work was created, you gain the ability to file a lawsuit and prevent unauthorized use. Additionally, you can file your registered copyright with the U.S. customs service to prevent the importation of any infringing goods.

We Handle “Works-for-Hire” Copyright Issues

Employees who create work for employers do not own all rights to their work—these are “works made for hire,” and the rights to these works belong to the employer. Copyright issues arise with “work-for-hire” in all sectors of business. All kinds of workers are affected by work-for-hire, such as:

• Freelance creators
• Journalists
• Photographers
• Screenwriters

Under copyright statutes, commissioned works may also be considered works made for hire, depending on if it falls into a particular category. Without a proper written agreement in place, businesses could put their works in legal jeopardy and create unnecessary costs for litigation.