Copyright Information
With Frequently Asked Questions
Registering Copyrights for Authors and Artists
For some, registering a copyright is the preferred way to protect what you have created. Here at Dobbin IP Law, we can help you with the process of registering copyrights just as we have been doing for over 25 years. We provide professional support so that authors and artists alike can have the best possible protection for their work.
What is a Copyright?
A copyright is a protectable interest granted to an author (or other artist) to protect his or her creative work. It keeps art work in the form of literature, sculpture, painting, drama, or music from being copied, distributed, performed, or displayed by another person or entity. Keep in mind, it protects from copying, not independent creation. It also does not protect ideas, but instead, the expression of those ideas in tangible or appreciable form. Other things it cannot protect include unrecorded improvisational performances, titles, slogans, and portions of works containing information considered common property or themes.
Copyrights and Patents
Like patents, the ability to protect copyrights comes from Article 1, section 8 of our Constitution. However, a patent is a grant from the government, and requires a lengthy application process. A copyright is registered, like sticking your flag on a piece of land. Registration means the government recognizes your claim and is letting the world know it does.
Copyrights and Trademarks
Copyrights are designed to protect original works of authorship. A trademark is used to protect logos, as well as the names of businesses, products, and services. Both are registered rights – basic copyright and trademark rights begin the moment of creation or use, and then are registered with the government to give notice to the world and secure additional rights and assumptions.
Copyrights and Fair Use
In most situations, only the owner of the copyright can reproduce a creative work and authorize others to do the same. However, there are some limitations. For example, fair use allows a work to be reproduced for reasons deemed "fair" in our free society such as criticism, reporting, teaching, and research. When determining whether or not something should be considered fair, the following factors are used:
- The purpose and character of use, including whether or not it is used for a nonprofit or a commercial purpose,
- The nature of the copyright,
- The number of works reproduced in relation to the work as a whole, &
- The effect of the reproduced work's use as a market value of the work.
Contact an Experienced Copyright Attorney
Please do not hesitate to call us if you have questions regarding your particular project. We would love to set up your complementary strategy session where we can discuss the particulars of your case and help you with any possible issues. If you would like answers to more questions about copyrights, please see the FAQ section below.