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Copyright protects "original works of authorship" that are fixed in a tangible form of expression. This can include not only written material, but also materials fixed in electronic media, such as sound recordings or computer disks. Copyrightable works include the following categories: (1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and other audiovisual works; (7) sound recordings; and (8) architectural works. Several categories of material are not eligible for copyright protection. Titles, names, short phrases, and slogans; familiar symbols or designs; ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, are not copyrightable, but may be entitled to other types if protection, such as trademark or patent registration. Works consisting entirely of information that is common property and containing no original authorship, for example: standard calendars, height and weight charts, scenes a'faire, tape measures and rulers, and lists or tables taken from public documents or other common sources are not entitled to protection. Section 106 of the Copyright Act generally gives the owner of copyright the exclusive right to: 1) Reproduce the copyrighted work; 2) Prepare derivative works based upon the copyrighted work; 3) Distribute copies or copyrighted; 4) Perform the copyrighted work publicly, 5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works; to display the copyrighted work publicly, 6) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work. Copyright protection starts from the moment the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created it. In the case of works made for hire, the employer and not the employee is considered to be the author. A "work made for hire" is: (1) a work prepared by an employee within the scope of his or her employment; or (2) a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire, prior to it being executed. Copyright registration is not necessary to perfect the ownership of the work, but does have several important advantages. Copyright registration makes a public record of the basic facts of a particular copyright. Before an infringement suit may be filed in court, registration is necessary. Registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate, if made before or within 5 years of publication. Special statutory damages and attorney's fees will be available to the copyright owner in court actions if registration is made before or within 5 years of publication. Otherwise, only an award of actual damages and profits is available to the copyright owner. Copyright registration allows the owner of the copyright to record the registration with the U.S. Customs Service for protection against the importation of infringing copies. Copyright interests may exist in your advertising, web page, or certain of your products. Exemplar Cases Janmark, Inc. v. Reidy, 132 F.3d 1200 [C.A.7 (Ill.),1997] Lorts v. Philippe Langdon Furniture, 06-cv-02539-ECV, (D.Az. 2007) The attorneys at Emling Forensis, PC have over 20 years experience protecting music, lyrics, songs, software and other original works. Call today.
Experienced Copyright Litigation Lawyer
562-491-1400
Emling Forensis PC
100 Oceangate Boulevard • Suite 1200
Long Beach CA 90802-4312
Fax: 562-491-3400 Emling Forensis, PC serves clients in Long Beach, Torrance, Westwood, Santa Monica, Beverly Hills, West Hollywood, Westminster, Anaheim, Irvine, San Diego, San Bernardino, Riverside, Pasadena, Los Angeles, LA County, Orange County,
and other areas of Southern California
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