Under the Copyright Law of the United States, “the legal or beneficial owner of an exclusive right under a copyright is entitled, subject to the requirements of section 411, to institute action for any infringement of that particular right committed while he or she is the owner of it.”
The Marks Gray intellectual property team combines years of litigation experience with a vast knowledge of copyright law to ensure the best possible outcome for our clients. When an individual or an entity uses someone else’s copyright protected work without permission (pictures, books, architecture plans, etc.), we assist our clients by filing a copyright lawsuit against that entity.
Our copyright lawyers also defend clients in copyright litigation who have been accused of infringing on someone else’s copyright.
Frequently Asked Questions:
What is a copyright?
A copyright is a form of statutory protection provided to original works of authorship fixed in a tangible medium of expression, including literary, musical, dramatic, choreographic, pictorial, graphic and sculptural, motion picture, audio visual, sound recordings and architectural works.
Why do I need a copyright registration?
A copyright registration offers significant benefits to the owner of the registration. First, the registration establishes a public record of the copyright claim. A registration of a U.S. work is necessary before any copyright infringement lawsuit may be filed in the courts. If a registration is made before or within five years of publication, the registration establishes a presumption in court as to the validity of the copyright and of the facts stated in the certificate. If a registration is made within three months after publication of the work and prior to infringement, statutory damages and attorney’s fees are available to the copyright owner in court actions. Otherwise, the copyright owner may only seek actual damages and profits.
How long does a copyright last?
In cases of works by individual authors, the term of the copyright is the life of the author, plus 70 years after the author’s death. The term of copyright in works for hire or corporate owned works is 95 years from the first date of publication, or 120 years from creation, whichever is longer.