Bradley D. Goldizen, Esq - Registered Patent Attorney

 

 Telephone: 866-349-6927      

 

 

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PATENTS
TRADEMARKS
COPYRIGHTS

DOMAIN NAME DISPUTES

SOFTWARE PROTECTION
GENERAL LEGAL ISSUES

What are the rights and benefits to a registered copyright?

Once you have fixed your original idea in a tangible form (onto paper or a tape recording), you have established Federal copyright protection. This is available regardless of whether you have registered, published, or not published your authorship. Your copyright enables you to do the following with legal protection: to reproduce and distribute the work in copies, to display and perform the work publicly, to prepare derivative works based on the work, and to transfer the ownership by sale, rental, lease or lending.

If you do not federally register your copyright, however, you will forfeit significant options and remedies in enforcing your ownership of that copyright in litigation and public recording. You are allowed to register both published and unpublished work anytime during the copyright period, which affords you the following added legal protection: an established public record of the copyright; the ability to sue an infringer for using your copyright; injunction, impounding, and destruction of infringing copies and/or articles used to make them; the ability to recover statutory damages, in lieu of actual damages; the ability to recover attorney fees; and the ability to record the copyright with U.S. Customs Service against importation of infringing works (counterfeit goods).

A copyright created on or after January 1978 lasts for the author’s, or surviving joint author’s lifetime plus seventy years after death. International copyright protection is available, where currently the United States has bilateral copyright relations with approximately one hundred countries. The U.S. has also ratified treaties with other commercially productive countries against the piracy of certain copyrighted articles.

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