Photographer Is Suing Volvo For Willful Copyright Infringement

The photography and camera news website PetaPixel.com reported on June 15, 2020, that a professional photographer and his model subject are suing Volvo. In a complaint filed in California on June 9, 2020, automotive photographer Jack Schroeder and model Britni Sumida allege that Volvo committed “willful and wanton” copyright infringement. The complaint also contains claims of misappropriation of a likeness and unfair competition.

Photographer Denied Volvo’s Request to Use His Pictures For Free

Schroeder photographed Sumida in the California desert during the “super bloom.” The pictures feature Sumida, leaning on a Volvo S60, with the desert, flowers, and sunset surrounding her. The photoshoot was a “portfolio building shoot” for both Schroeder and Sumida.

Schroeder posted the images to Instagram. Volvo’s Instagram account twice requested permission to use the pictures for free. Schroeder declined to respond to the Instagram request because it was vague, provided no compensation, and would have allowed Volvo to use the images in perpetuity without restrictions. Schroeder claims that Volvo wanted to use the pictures for advertising purposes.

Volvo Ignored Photographers Attempt To Discuss Valid Licensing Agreement

Schroeder then reached out to Volvo via email to offer a licensing opportunity for the images and others on his website. He received no response and assumed they weren’t interested. Schroeder then saw some of his photographs on Volvo’s Instagram story and Pinterest accounts.

Volvo refused to remove the images until after Schroeder and Sumida filed their lawsuit. The complaint alleges that Volvo willfully and wantonly violated Schroeder’s copyright. Schroeder claims that he explicitly denied permission to Volvo and offered to discuss a valid license agreement. Volvo ignored both and used the images anyway.

Photographer and Model Seek Compensation for Volvo’s Copyright Infringement and More

Sumida claims that she lost income, and her career is in jeopardy because of Volvo’s copyright infringement. Sumida had a contract with a different carmaker that contained a non-compete clause. Volvo’s use of these pictures put Sumida in violation of her agreement.

The lawsuit does not request a specific amount of monetary damages. PetaPixl reports that “plaintiffs are seeking actual and punitive damages, all profits that Volvo made as a result of these advertisements, attorney’s fees, and an order preventing Volvo from using these images again.”

Photographers Call Sanders Law Group to Protect Copyright

Our copyright infringement lawyers are dedicated to making sure photographers get paid for their work. Call Sanders Law Group, for more information on filing a copyright infringement claim. You can reach us at (800) 979-3707

Celebrity Photographers Must Understand Their Rights Under Copyright Law

If you are a photographer who makes a living by photographing actors, models, and other
celebrities, you must understand your rights. Too often, people are taking advantage of photographers, using their pictures without permission or compensation.

US copyright law exists to protect the creative work of artists and other creative professionals, like photographers. The minute you take a picture, it receives copyright protection. This means that using that image requires your permission, should you decide to give it.

The terms of that permission are usually contained in a license agreement. License agreements typically provide limits to how and for how long someone can use the image. License agreements also set the terms for compensation.

Your Copyrighted Pictures of Celebrities Do Not Belong to the Public

The public tends to believe that once a picture is on the Internet, it is free to use for any purpose. As a celebrity photographer, you know better.

As the photographer of a musician, actress, or movie star, you can do what you choose with your copyrighted pictures. You can post it on Instagram and Facebook. You can grant a license to a website, a magazine, or your best friend who wants to sell t-shirts. You can give people permission to publish and use your pictures for free, with no restrictions, or you can require compensation and limit the terms of use.

No matter what you choose to do, you still hold your copyright, and others are not allowed to take your celebrity photographs and republish them.

Do Not Let Publishers Get Away with Using Your Photographs Without Compensation

If you are a celebrity photographer, you know how difficult it is to get a valuable picture. You might spend hours waiting for a glimpse of a celebrity so you can try to capture his face. You might take hundreds of pictures of someone on the street or leaving a restaurant before capturing “the right one.”

Make sure you get paid for your hard work. Don’t let publishers use those pictures without licenses that contain terms that, among other things, ensure you receive fair compensation.
Celebrity photographers need to beware of celebrities and businesses using pictures on social media.

We are finding more and more models, actors, and influencers, posting pictures on Instagram taken by photographers like you. These celebrities are posting pictures without your permission. Being the subject of a picture does not give anyone the right to use it without permission. It might be a violation of copyright law.

Photographers Call Sanders Law Group, To Protect Their Copyrights

If a celebrity or publisher has used your pictures without your permission, call our copyright lawyers at Sanders Law Group. Under copyright law, you might be entitled to monetary damages. Call us today at (800) 979-3707 for a free evaluation of your copyright infringement claim.

Our Lawyers Help Photographers Understand The Basics About Licensing Rights

Before entering into a licensing agreement, photographers should consult with experienced copyright lawyers. At Sanders Law Group, our lawyers are dedicated to protecting photographers from copyright infringement. We want to make sure that you get paid what you deserve and that your licensing agreements provide you with terms that reflect your wishes. If a business or individual the terms of a licensing agreement, our copyright lawyers have the resources, experience, and determination to seek accountability and compensation.

What Purposes Do Licensing Agreements Serve?

For photographers, licensing is often the best way to earn a living from taking pictures. Capturing a beautiful image of something natural or a celebrity can generate income for someone who took the photo or others who want to use that image. As the photographer of such a picture, YOU hold the rights. You have a copyright on your photo the moment you take it. It is up to the photographer to decide what happens to that picture.

Licensing agreements are the best way to ensure that you control the use of your images. Licensing agreements allow a copyright holder to:

• Permit or prohibit the use of specific images
• Set the scope of the terms of how the images may be used
• Set a time limit on the use of the images
• Protect against unlicensed use of the photographs

Photographers Should Consider Some Issues When Speaking With Lawyers About Licensing Agreements

When consulting copyright lawyers about creating any licensing agreements for your photographs, consider how you want your images to be used.

Ask yourself: What will it mean if someone uses my pictures? How will it affect my reputation as a photographer? How will issuing a license affect the value of my work? How could this licensing agreement affect my compensation now or in the future?

What are Some of The Different Types of Rights You Can Grant in Your Licensing Agreement?

Every licensing agreement can differ depending on the wishes of the photographer and the licensee. Your copyright lawyers can help work out the details, so any contract is a true reflection of what is best for you, the photographer.

There are a few fundamental rights, however, one of which usually exists in some form, in most licensing agreements involving photographs.

Rights That are “Non-Commercial”

Non-Commercial rights are what photographers grant when they don’t want their pictures used as part of income-generating activities. When photographers do not want others to profit or earn income from their work, they can agree to give a license for non-commercial use.
These agreements often allow the licensee to use pictures for things such as school newsletters, blogs, and personal websites.

Rights that are “Commercial”

Photographers confer commercial rights in license agreements when they want to allow the licensee to use pictures for commercial purposes. Usually, commercial rights are associated with advertising materials or the creation of products.

Rights that are “Exclusive”

Photographers can grant exclusive rights. This means that you permit someone to use a specific picture with a promise that you will not allow any other entity to do so. Photographers who agree to give exclusive rights may not resell or license that photo to anyone else at any additional time. Photographers should consider if they want the licensee to have the right to sell those photos to others.

Rights that are “Non-Exclusive”

When photographers grant non-exclusive rights, it means you can sell your images to various people and entities.

“First Rights”

Photographers who sell pictures to magazines, newspapers, and other publications often grant the publishers first rights. First rights mean that the photographer agrees to sell to a particular client before anyone else. Then, photographers are free to sell the image or license it to others.

The right of “One Time Use”

This type of licensing contract is used when a photographer wants to sell the right to use a picture one time, for a single, specific use.

Call Our Copyright Lawyers For Help With Your Photograph Licensing Agreements

Call Sanders Law Group, to find out how we help photographers protect their rights. Whether you think your copyright is being violated, you need help drafting licensing agreements, or someone has violated the terms of an existing contract, call our lawyers today. You can reach our experienced and dedicated copyright infringement lawyers at (800) 979-3707.

Our Copyright Lawyers Hels Photographers Protect Their Rights With Licensing Agreements

As a professional photographer, you understand the importance of granting licenses to others in exchange for appropriate compensation. Licensing agreements ensure that you get paid and maintain control over how, when, and where your photographs get used.

Licensing agreements are an essential part of any successful photography business.

You should not leave the terms of your licensing agreements to chance. Despite US Copyright Laws, which grant exclusive rights to photographers, there are few ways to control where your photographs end up. With today’s technology, it has become easy for people to share, print, and even profit from, images without ever acquiring permission or paying the professionals who work hard to capture them.

Our copyright lawyers at Sanders Law Group, are devoted to protecting the rights of photographers when individuals violate copyright laws and agreed upon terms of use.

Our copyright lawyers work with photographers to create iron-clad licensing agreements. We aim to ensure that license agreements reflect any restrictions photographers wish to place on using their images and provide appropriate compensation for their hard work. Remember, you get to decide how your pictures will get used and for how long. You get to determine what they are worth. If you want to protect your legal rights, be sure to seek representation from our copyright lawyers who always have the best interests of photographers in mind.

What Should Photographers Consider When Consulting Our Copyright Lawyers About Licensing Agreements?

If you are a photographer seeking to earn money from your pictures, there are some things you might want to consider when consulting with copyright lawyers licensing agreements. You might want to explore different terms for some images instead of others, or for individuals and corporations. Ask yourself some questions:

• Do I want people to be able to use this image for commercial purposes?
• Do I want people to be able to use this image for limited commercial purposes?
• Do I want to grant an exclusive license for this image? Should I?
• Do I want this to be a “one-time-use” license?
• Do I want this to be a non-commercial only license?
• Do I want this to be a license with a time-limit?
• Do I want credit for the image when it gets used?
• What price is fair? Does it matter if the user is a big corporation?
• Should the license charge a flat fee? Should I get money each time the person uses my image?
• Should I charge on a sliding scale of some kind?

The answers to these questions may differ depending on whether your business is just getting off the ground or you are an established photographer. The answer may also change according to the type of photographer you are- photojournalist, historian, paparazzi, personal photographer, or a freelance photographer.

Photographers Call Sanders Law Group for Help With Licensing Agreements

You want to get paid for your photographs. You want to make sure they get used per your visions and wishes. Our copyright lawyers ensure that your license agreements provide you with the terms of use and compensation you want. At Sanders Law Group, we can also offer tenacious representation of photographers in the event someone violates your license agreements.

Call us today to enforce your copyrights. You can reach our copyright lawyers representing photographers at (800) 979-3707.

Source:

• https://www.format.com/magazine/resources/photography/image-licensing

Indiana Lawyer-Photographer Wins Copyright Infringement Victory Against Bank

A copyright lawyer and photographer in Indiana was victorious in his copyright infringement lawsuit against a local business. Richard Bell, according to The Indiana Lawyer, sued “after discovering in late 2017” that Merchants Bank of Indiana “was using a photo he had taken of the nighttime Indianapolis skyline.” Indiana Southern District Judge James Patrick Hanlon ruled that the bank infringed on Bell’s copyright but that the infringement was not willful.

In court documents, Bell established that the photo, used on the bank’s website, was registered with the US Copyright Office. He claimed that neither the bank or the bank’s website developer, Sonar Studios, Inc., obtained a license to use the picture. The bank removed the photo from its website and the website’s media library after Bell notified the bank that he held the copyright to it. Bell filed the infringement suit after that, and the parties requested summary judgment.

The judge split his decision between the parties. Hanlon ruled in Bell’s favor, writing that “Bell proved ownership” of the picture and that the bank infringed on his copyright. The judge ruled in favor of the bank, however, on the issue of willfulness.

Photographer-Lawyer Established His Ownership of the Picture Used on Bank’s Website

In this case, the bank tried to use a 2019 court decision to back up its claim that Bell did not have ownership rights to the picture. In that previous lawsuit containing similar allegations to this one, Bell ” was found not to have a valid copyright for a contested photo of the Indianapolis skyline.” That photo, however, was taken during the day. The photo at issue here was taken at night. Judge Hanlon determined this was an important distinction.

Judge Rules That Bank Infringed on Photographer’s Copyright, But Not Intentionally

In Judge Hanlon’s summary judgment in the bank’s favor, he determined that there was no evidence that copyright infringement was willful. The bank employee who chose the photo from the online media library of the bank had no control over what was stored in the library – it was the web developer who provided the image to the bank. He stated, “there was nothing in the Photo itself, such as a watermark or copyright symbol, suggesting it was copyrighted material.”

Call Our Copyright Lawyers Helping Photographers Protect Their Rights

At Sanders Law Group, our practice is dedicated to protecting copyrights of photographers and other creative artists.

If you need assistance with a copyright issue such as filing a copyright infringement lawsuit, drafting licensing agreements, or pursuing recourse after someone violates your legal rights, call our office. You can reach our copyright infringement lawyers at (800) 979-3707.

Source:

• https://www.theindianalawyer.com/articles/attorney-photographer-wins-another-infringement-claim-but-not-willfulness
• https://www.theindianalawyer.com/articles/lawyer-jury-verdict-should-end-indianapolis-skyline-photo-lawsuits

Mother and Photographer Fumes Over Unlawful Use of Meme

You may have seen the original photograph: sitting on the beach is an adorable almost-toddler, fist raised, looking determined and intense, straight at the camera which his mom, Laney Griner, is holding. The image is known as “Success Kid” and became an instant viral sensation. It is a meme used around the internet for a variety of purposes, most of which express appreciation delight in earning a victory, recovering from a tough situation, or determination to succeed.

According to a recent New York Times (NYT) article, Griner took the picture described above, of her then 11-month-old son on the beach and registered her copyright in 2012. Since the photo became a meme, Griner has had little trouble with how the image has been used- until recently.

Congressman Accused of Using Meme in Violation of Photographer’s Copyright

Republican congressman, Steve King of Iowa, used this photograph in his campaign fundraising materials, and Griner won’t stand for it. King posted on his Facebook page, the photo of Success Kid, superimposed onto a picture of Congress along with the slogan “fund our memes.” The image was linked to a fundraising page hosted by King’s political action committee WinRed.

Through a cease-and-desist letter from her lawyer, Griner expressed dismay that King violated her copyright by using her son’s image without permission. Griner claims she would never permit King to use the photo, in light of his controversial political platforms.

The meme, according to the letter, became the viral sensation it did, primarily because of “its good-natured, friendly message.” King’s use of the meme “harmed and continues to harm that well-earned goodwill.”

How? Griner told the NYT that King’s record of bigotry and hatred toward immigrants and defense of white supremacists are not things with which she would ever want the image to be associated. She said she would never allow its use for something negative but that King is “the worst of the worst.”

Letter Claims Political PAC Violated Copyright Law

Griner accuses King of violating her copyright by using the meme without her permission to fundraise for the republican party. The letter from her lawyer also alleges that WInRed violated her copyright as well, which violates not only the law but the conditions of the political action committee.

Photographer With Copyright Tries to Maintain Control Over Meme

Griner is not against granting permission for her son’s image to be used in political or commercial campaigns. For example, in 2013, with her consent, President Obama used the image as part of an immigration reform promotion during his campaign. Griner also has agreements with several large companies that want to use the meme for various purposes.

Does a Photograph Lose Its Copyright Because it Becomes a Meme?

The simple answer is no. Nowadays, it becomes more and more difficult to control where your images end up, how they get used, and what they might be used to represent. However, it does not mean your rights should be ignored. Many people register copyrights specifically to ensure they retain some control over how a meme gets used- whether this is for commercial purposes or in association with something the copyright holder perceives as harmful. As one lawyer told the NYT, “a picture does not lose its copyright just because it becomes a meme.”

Contact Sanders Law Group, if You Are a Photographer

Call our copyright lawyers for all of your copyright needs. Our law practice focuses on helping photographers protect their copyrights around the globe.

Call us or a free evaluation of your copyright infringement case. Reach our copyright protection lawyers (800) 979-3707

Source:

• https://www.nytimes.com/2020/01/28/us/politics/steve-king-success-kid-meme.html?auth=login-email&login=email

Using Music Often Requires Permission

Most people know that to use someone’s music in enumerated ways, whether performing it live for an audience or on television or in the background of a movie, you should always obtain permission. Sometimes, you can use it for free. Other times, the owner will have you purchase a license and pay for using the song.

Some licenses are more expensive than others, and some are prohibitively so. Regardless, using someone’s music without proper permission or license is copyright infringement.

Music Composer Has Sued Ford Company For Copyright Infringement

The Detroit News reported on April 17, 2020, that Freeplay Music LLC (FPM) filed a copyright infringement lawsuit against Ford Motor Co. The suit contains a multitude of allegations that the automaker, without permission, used more than 50 songs in the Plaintiff’s digital music catalog, violating copyright law over and over. Scott Schreer owns Freeplay and its online library of over 50 thousand works. Court papers describe him as “one of America’s most prolific and performed TV composers and producers.”

FPM used software to determine that Ford used its music in at least 74 videos and promotions.
According to its complaint, FPM informed Ford of the infringement in 2017. Ford did not then and has not since been able to provide evidence that it obtained a single proper license. The Detroit News stated that “FPM claims Ford continued to use songs without permission, until as recently as” April 13, 2020.

Composer Seeks Millions in Copyright Infringement Case

FPM’s lawyers speculate that the Schreer could collect millions. Arguing that it lost licensing fees and profits for this “willful copyright infringement,” FPM wants nothing less than the 150,000 per infringement the US copyright allows. FPM’s lawyers told the Detroit News that they estimate the copyright infringement to be worth over 8 million in damages for their client.

Copyright Law Gives Exclusive Rights to the Creator

Creators of original music automatically have rights under US Copyright Laws. Creative professionals have the right to control the use of their work and get paid for it. Others may use it only with permission, usually in the form of a license agreement.

The agreement sets the terms of payment and any limitations to which the copyright owner and the user can agree. Someone can assign or sell his or her copyright as well, with no limits. The point is: the person who created the art or music or writing gets to dictate how they want it used and at what price.

In this particular case, the complaint alleges that the FPM website makes it clear what a visitor to the site must do to secure a license and permission to use songs. The Plaintiff suggests that Ford, which is a billion-dollar company, should have known better than to infringe on its copyright once, let alone dozens of times.

Contact Our Copyright Infringement Lawyers at Sanders Law Group.

Photographers, artists, and musicians call the Sanders Law Group, to find attorneys devoted to protecting copyrights. You can reach our experienced copyright lawyers at (800) 979-3707. Call today for a free evaluation of your copyright claim.

Source:

• https://www.detroitnews.com/story/business/autos/ford/2020/04/17/composer-sues-ford-for-copyright-infringement/5153967002/

What Can You Copyright?

At Sanders Law Group, our copyright lawyers help creative artists and professionals protect their rights. We represent photographers, musicians, authors, and others to ensure they receive proper compensation for their work. When others utilize their work without appropriate permissions, licenses, or payments, we hold them accountable and do everything we can to protect the legal rights of our clients.

Understanding your legal rights can help protect and enforce them. The US Copyright Office provides the public with a long list of frequently asked questions and their answers. While every copyright case is unique and might hinge on specific circumstances, the general knowledge the office provides can help you to understand the basics.

Many people wonder, “what can I copyright?” Here, we share some of the questions many people have about what they can and cannot copyright and the answers provided by the US Copyright Office on their website.

What Does Copyright Protect?

Copyright is a subset of intellectual property law. Copyright protects “original works of authorship.” Copyright does not protect ideas, facts, systems, or methods of operation. It may, however, protect how these things are expressed.

Can I Copyright my Website?

You may protect original authorship that appears on your website, such as artwork, writings, photos, and other forms of work covered by copyright.

Can I Copyright a Domain Name?

Copyright does not protect domain names. There is an organization that has ‘assumed the responsibility for domain name system management.” This nonprofit organization is called the Internet Corporation for Assigned Names and Numbers (ICANN) administers the assigning of domain names through various registers.

What If I Want to Protect One of My Recipes?

A simple list of ingredients is not protected under copyright.

But, “where a recipe or formula is accompanied by substantial literary expression in the form of an explanation or directions, or when there is a collection of recipes as in a cookbook,” copyright protection may apply.

Do not submit any recipe for registration if it has secret ingredients you wish to remain confidential. Applications to register copyrights and the copies for the deposit, are public records.

What If I Want to Copyright the Name of My Band?

Names, including names of bands, are not protected by US Copyright law. Some names might be protected under trademark law.

What if I want to Copyright a Name, Title, Slogan, or Logo?

Copyright does not protect titles, names, slogans, or short phrases. These items might, at times, receive protection under trademark law.

An artistic logo may be protected under trademark law. However, it “contains sufficient authorship,” it might fall under copyright protection.

Will Copyright Protect My Idea?

No. Your idea itself may not be protected by copyright. Copyright does not protect concepts, ideas, systems, or methods of doing something.

You may express and describe your thoughts and ideas in writings or drawings or other means of authorship and receive copyright protection for that work. But, the underlying ideas you are expressing in your work are not protected.

Do I Have to Publish My Work?

No. Publication is not required to receive copyright protection.

Is Architecture Protected Under Copyright?

Yes. December 1, 1990, architectural work was added to copyright protection. What is architectural work? The law describes it as “the design of a building embodied in any tangible medium of expression, including a building, architectural plans, or drawings.”

Architectural work created on or after December 1, 1990, is eligible for copyright protection. Also, “any architectural works that were unconstructed and embodied in unpublished plans or drawings on that date and were constructed by December 31, 2002, are eligible for protection.”

Contact Us if You Are Concerned About Your Rights Under Copyright Law

Call the Sanders Law Group, if you need help protecting your legal rights under copyright law. We are dedicated to ensuring that photographers and other creative professionals are treated with the fairness and respect you deserve. We want you to get paid for your hard work and make sure you retain control over the circumstances under which it gets used.

Call our copyright lawyers representing clients around the globe, today at (800) 979-3707

Source:

• https://www.copyright.gov/help/faq/index.html

Photographer Sued Facebook For Violating Copyright

Lawstreet media has reported that photographer Christopher Boffoli filed a copyright infringement lawsuit against Facebook. The complaint was filed in Washington Western District Court on February 14, 2020, and names Facebook as the only defendant.

According to his complaint, Boffoli is a professional photographer and the creator of “Big Appetites.” Big Appetites is “a series of photographs featuring tiny figures photographed against real food backdrops.” His complaint alleges the pictures are registered in the US Copyright Office and have been featured in various publications.

Boffoli claims that his work has been in domestic and international art galleries, his images have been licensed, and that companies hire and commission him for work. Boffoli says, his “business and income are based on the work he licenses and sells.”

Photographer’s Complaint Alleged Facebook Violated His Copyright By Allowing Infringement on its Platform

In the complaint, Boffoli alleged that Facebook users posted photos from Big Appetites with no licenses or permissions from Boffoli. The pictures were posted on “webpages housed on Facebook’s platform.” Facebook, Boffoli claimed, did not prevent its users from posting his copyrighted work.

Facebook also, he alleged, did not remove the material despite its ability and proper notice from him that his rights were being violated. It was not until Boffoli’s attorneys contacted Facebook that they removed the content. At that time, according to the legal documents, Facebook admitted that it failed to take down the infringed-upon work when asked because of technical issues.

Boffoli, in his complaint, states that without consent or permission, “photographs from Big Appetites were reproduced, derivative works were made from, copies were distributed of, and the photographs were displayed on Facebook’s platform.” As a result, his “exclusive rights in the photographs in Big Appetites were violated.”

The photographer is seeking injunctive relief against Facebook as well as monetary damages.

What Does Copyright Law Say?

Copyright law makes it clear that copyright exists to protect creative professionals like photographers and to allow artists to retain control over their work. At its core, it grants the creator the exclusive rights to:

• Reproduce the work
• Prepare derivative works based upon the work
• Distribute copies by either sale or other transfer of ownership
• Perform the work publicly
• Display the work publicly
• Perform the work publicly – using a digital transmission if the work is a sound recording
• Copyright also gives the owner of the work the right to authorize others to exercise these exclusive rights, subject to certain statutory limitations.

Infringement comes in many forms, and the Internet can make it challenging to retain the control that the law allows. When someone takes your copyrighted material and displays it on their Instagram, Facebook, or Twitter account, it can be impossible to control where and how it might get used. It will be interesting to see if the platform used to display, sell, or distribute copyrighted work can be legally responsible for damages.

Contact our Copyright Lawyers to Protect Your Legal Rights

The Sanders Law Group, is dedicated to protecting the rights of photographers and other artists around the world. For a free evaluation of your copyright case, call our office at (800) 979-3707.

Sources:

• https://lawstreetmedia.com/tech/photographer-files-copyright-infringement-case-against-facebook/
• https://www.docketalarm.com/cases/Washington_Western_District_Court/2–20-cv-00237/Boffoli_v._Facebook_Inc/1/

Copyright Basics From the US Copyright Office and Sanders Law Group

As lawyers who handle copyright cases for a variety of creative professionals, we at the Sanders Law Group, understand the importance of knowing your legal rights. We hear many questions from people about copyright law, and to some, there are simple answers. To others, the solutions require a significant review of specific facts of a case and laws that may apply.

Luckily for many, the US Copyright Office has a website that offers lists of commonly asked questions along with basic answers. Here, we share with you some of the “general” copyright questions and answers the office shares with the public.

What Is Copyright?

It is a form of protection “grounded in the US Constitution” and granted by law for “original works of authorship fixed in a tangible medium of expression.” Copyright’s umbrella covers published and unpublished works.

What Does Copyright Protect and What Does Copyright Not Protect?

Copyright protects original works of authorship. This protection includes literary, musical, dramatic, and artistic works. It does not protect facts, systems, ideas, concepts, strategies or methods of operation. It may, however, protect the way these things are expressed (such as diagrams, written documentation, speeches or video instruction).

Does Copyright Differ From a Patent or Trademark?

Yes. Copyright protects original works of authorship. It protects the expression of ideas. These can take the form of a drawing or painting, a diagram, written text, a video recording, an audio recording, a sculpture or other expression of an idea or thought. It does not protect the thought itself.

A patent protects inventions and discoveries. Copyright does not protect inventions or discoveries but may protect how they are expressed.

A trademark is also different. It protects “words, phrases, symbols, or designs identifying the source of the goods or services of one party,” distinguishing from the goods or services of others. You cannot copyright a single word, but you may be able to secure a trademark that protects that word for a particular usage in a particular classification of goods or services.

When Does a Copyright Protect My Work?

As soon as your work is created and fixed in a tangible form, it is under the protection of copyright. Your work must be perceptible directly or with the help of a device.

Must I Register With the US Copyright Office to Receive Protection?

No. Registration is not required. Copyright exists at the very moment you create the work. If you want to bring a lawsuit for copyright infringement of a US work, you will have to register with the US Copyright Office.

Are There Other Reasons to Register My Work?

Some choose to register their work with the US Copyright Office because they want a public record of the facts of their copyright and the certificate that comes with registration.

Also, registering your work means that, in the event of successful copyright infringement litigation, you may be able to collect attorney’s fees and statutory damages.

Another reason to register your work is this: If you register your work within five years of publishing it, it is considered “prima facie” evidence in court, helping to prove that you were the original author of the work.

What is a “Poor Man’s Copyright?”

A “poor man’s copyright” is the practice of sending a copy of your original work of authorship to yourself. Nothing in the US Copyright Law addresses this type of protection, and it is not a substitute for registering your copyright.

Is My Copyright Good Outside the United States?

The US has copyright relationships with many countries around the globe. These agreements mean that we honor the copyrights of each other’s citizens. However, we do not have copyright relationships with every country. To learn more about our copyright relationships with specific countries go to: https://www.copyright.gov/circs/circ38a.pdf

Contact Us if You Are Concerned About Your Rights Under Copyright Law

Call the Sanders Law Group, if you need help protecting your legal rights under copyright law. We are dedicated to ensuring that photographers and other creative professionals are treated with the fairness and respect you deserve.

Call our copyright lawyers representing clients around the globe, today at (800) 979-3707

Source:

• https://www.copyright.gov/help/faq/index.html