Copyright Protection Services

We provide everything clients need to protect their valuable copyrighted works, whether you are an artist, musician, photographer, author, entrepreneur, software developer, or a global corporation. Copyright law significantly differs from other types of IP. We are experienced in obtaining durable, defensible registrations and enforcing copyrights in court.

Copyright is a type of intellectual property that differs from both trademark and patent law. Copyrights protect “expression,” but not facts or ideas. It also does not cover single words or slogans, which is an area protected by trademark law. We can provide you with prompt and practical advice at the outset of representation to determine if copyright protection is available in your particular situation.

NOTICE TO THE WORLD THAT THE WORK IS REGISTERED

Giving notice to the world that your creative work is registered with the U.S. Copyright Office is one of the most essential benefits of registration. This is because worldwide notice gives you the right to the argument in court (or even in cease-and-desist letters) that the defendant should have known about your particular work.

AVAILABILITY OF STATUTORY DAMAGES IN COURT

A significant reason to register your copyright is to have the right to obtain statutory damages, attorneys’ fees, and the costs of the lawsuit itself. Entitlement to statutory damages is not only helpful in court but also in any kind of pre-lawsuit negotiations. If the other side knows you have a right to statutory damages, the amount of money you may be able to negotiate in a settlement may increase significantly.

Statutory damages is a money recovery that you could be awarded without proving that you sustained any legal injuries. Not needing to establish a legal injury is crucially important because it is often challenging to prove you experienced any damages due to the infringement. A court can award statutory damages up to $150,000 per work. You will also have the right to request the recovery of attorneys’ fees.

PRIMA FACIE EVIDENCE

If you bring your case to court as a plaintiff, you will have the “burden” to prove ownership of a valid copyright. Without a registration, this can be somewhat difficult and sometimes costly to do. However, with registration, the law provides that the registration certificate is prima facie evidence of ownership. Prima facie means that you are assumed to have ownership until the defendant proves otherwise. Shifting the burden to the defendant to prove their case gives a substantial advantage to copyright registration owners.

PROTECTION THROUGH U.S. CUSTOMS AND BORDER PROTECTION (CBP)

Another advantage of copyright registration is that you have the right to record your registration with the U.S. Customs and Border Protection (CBP). Once your registration is recorded, the CBP can stop goods from being imported at the border that could infringe your copyright. The CBP will seize suspected goods independently and contact you for more information if they suspect the goods are counterfeit or infringing. If you confirm the presence of counterfeiting, they may place the goods through a proceeding, which will eventually result in the destruction of the goods.

INTERNATIONAL PROTECTION OF YOUR COPYRIGHTED WORKS

There is no such thing as an “international copyright” that will protect your works throughout the world. However, many countries protect foreign works (including U.S. registered copyrights) under international copyright treaties. The U.S. is a member of several of these treaties.

The treaties touch areas all around the world. These treaties include the Berne Convention

for the Protection of Literary and Artistic Works; the WIPO Copyright Treaty; the WIPO Performances and Phonograms Treaty; the Geneva Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms; the Brussels Convention Relating to the Distribution of Program-Carrying Signals Transmitted by

Satellite, and so on. In all, there are about 200 countries that participate in some form of a treaty that may recognize your copyright. This can be effective in enforcing your copyright worldwide.

Having enforced our client’s copyrights in foreign countries, we can help you assess the rights in your copyright and advise you on how to enforce those rights if needed.

COPYRIGHT REGISTRATION AND COUNSELING

Nardiello Law PLLC helps clients register their copyrights, which is a requirement to bring a lawsuit in federal court for copyright infringement. Concerning registration, the types of creative works that are registrable are virtually limitless:

Photographs
Literature
Websites
Software
Designs and artwork in mobile app screens
Videos and movies
Music
Architectural drawings and designs
Paintings
Sculptures
Online magazines
Dance choreography

We create tailored IP portfolios that include a copyright component to leverage our clients’ commercial advantages in the United States and worldwide. Many companies’ entire business model can be based on the licensing of copyrights. We are familiar with these business models and can provide the necessary registration, agreement, counseling, and negotiation services to meet your business goals.

If copyright applications do not contain the correct information, future rights could be jeopardized, even if the copyright is successfully registered. Recently, the Copyright Office has been examining applications for all information requirements, such as the accurate description of the works seeking registration, the proper author and claimant of the copyright, etc. While providing this information seems relatively straightforward, applicants often make mistakes in specifying ownership information; for example, when the work being applied for was created under the “work for hire” doctrine.

If the application is not drafted correctly, there is a risk a judge could determine that your copyright registration is invalid. This would prevent you from enforcing your copyright ownership rights in federal court. Courts can invalidate copyright registrations if an applicant includes inaccurate information in the copyright application that would have otherwise been a basis for the Copyright Office to deny registration.

We can assist you in creating well-drafted applications that will be defensible if they are attacked in court. We will work with you to gather the required documents that should be kept supporting the statements made in the application.

COPYRIGHT LICENSING

Copyright licensing is key to monetizing your rights in various works, such as software, photos, architectural designs, literary works, sculptures, movies, and music. We handle the negotiation and drafting of license agreements for all sizes of clients.

The key to entering into a favorable copyright license agreement is to retain as many rights as possible while still providing enough rights to obtain the amount of income (royalties) desired. We know how to correctly draft license agreements that favor our clients, whether you are the licensor or the licensee.

In addition to finding IP counsel experienced in copyright licensing, it is also helpful to work with an attorney who has copyright litigation experience. We have solved clients’ problems in both copyright licensing drafting and copyright litigation. We can predict future issues that might arise in the context of licensing relationships and help our clients avoid conflicts.

CEASE AND DESIST LETTERS

Typically, many copyright infringement disputes begin with cease-and-desist letters. If you wish to enforce your copyright rights, we can draft effective cease-and-desist letters that have the best chance of resolving the matter with your ultimate goals in mind. Often, clients who wish to enforce their copyrights need the infringing material taken down as soon as possible. We craft our letters to convince the targeted infringer accordingly. Also, many clients seek a monetary component to settlement. There may have been some damage involved or their copyright statutory damages recovery rights or at issue. In that case, we can present your case in the best light, based on your rights under the Copyright Act.

Copyright owners should take special care when sending cease and desist letters. It is possible that the targeted infringer could sue you or your company in response to receiving the cease-and-desist letter. While this is not entirely under your control, if the letter’s recipient is a company or person of significant financial means, the likelihood of this occurring is greater. Therefore, one must take care in evaluating your rights in the context of the other side’s rights. We can help you make a reasonable assessment based on the facts of your particular case.

If you are the recipient of a copyright cease and desist letter, we will provide you with comprehensive advice on the best strategy to resolve the dispute with the minimal cost and disruption as possible. Often, owners of particular creative works or content owners are unaware of the scope of their rights. It may be possible, in some instances, that there are insufficient rights to prevent you from using the particular works at issue. If an immediate settlement is not possible, we defend clients in federal court for copyright infringement if a case has been commenced. Please see the Copyright Litigation section of our website for more information on these services.