Hiring Legal Help for Your Copyright

Copyrights are essential for authors, artists, and society in general. They protect creators by giving them exclusive rights over their original works. Copyright laws also benefit society by encouraging authors and artists to create new works, which helps enrich our culture.

While beneficial, copyrights can also be complex and something most non-attorneys need help understanding. Whether you want to copyright your original work or learn to use someone else's work legally, seeking legal help is a good idea.

A copyright or intellectual property lawyer is well-versed in copyright laws and can help you in various ways. They'll check your situation and recommend the proper steps to reach your goals. Even if you have to pay for these legal services, protecting your original works is well worth it. Whether you're an artist or a small business owner, this is true.

Copyrights at a Glance

Copyrights protect original works, preventing others from copying or benefiting financially from the work.

Some examples of works that can be copyrighted include:

• Sound recordings
• Movies
• Photographs
• Paintings
• Literary works
• Musical works
• Live performances
• Software

A copyright provides the copyright owner with various exclusive rights. These rights include:

• Performing your piece
• Displaying the work publicly
• Creating derivative works
• Reproducing your work
• Distributing copies of your work

Other forms of intellectual property protection, such as patents and trademarks, may also be available to protect your work. These are things that don't qualify for copyright protection.

A trademark is an identifiable symbol that is strongly associated with a brand. A patent helps protect a novel invention or process. You can seek legal advice to determine if your work qualifies for a copyright, trademark, or patent.

How a Copyright Attorney Can Help

To protect your original work, you must register it with the U.S. Copyright Office. This process can be daunting, especially if it's your first time doing it. Copyright attorneys spend the bulk of their careers handling intellectual property concerns.

Not only can an attorney help register your original work, but they can also pursue damages for copyright infringement. For example, if somebody tries to publish your book under their name, you can ask the court for an injunction. You can sue for damages in civil court if they've already moved ahead with publication.

It can be hard to navigate either of these situations. The odds are that you're not familiar with federal copyright laws. Even if you can make sense of them, you may not know how to protect your copyrighted work.

An attorney will explain the process to you and help you every step of the way. Some of the tasks they can help with include the following:

• Preparation and submission of all necessary materials to get a copyright
• Help with business formation and registering your company's logo
• Identifying whether there are legal issues to pursue
• Ensuring that you are current on your copyright registration
• Help draft relevant legal documents
• Do a social media search for potential infringement
• Communicate with the United States Copyright Office on infringement and trademark registration

Your Intellectual Property Law Attorney Can Help Create Licenses

If someone approaches you requesting a license to use your original work, you have options. Of course, you can deny their request outright. But you'll need to draft a contract if you want to collaborate with them or have no problem granting a copyright license.

A copyright attorney will evaluate and explain your options and take action to ensure that licensing agreements are fair and equitable. They'll also handle any issues related to transferring a license for your copyright.

A Trademark Law Attorney Can Help if You Want to Use Someone's Original Work

If you want to determine whether you can use someone else's work, a copyright or trademark attorney can help. They'll ensure you don't violate a copyright owner's rights to the material and commit copyright infringement.

If the author or artist who owns the copyright sues you, your attorney will help defend you in court. For example, they can prove that the work was part of the public domain and available for public use.

The same is true if you want to use an existing business name. You may be unable to do this, depending on whether the other business owner registered their trademark or copyright. A business lawyer can help determine your options.

Finding a Copyright Attorney

If you want to find a legal professional who can help protect your creative work, you'll want to look for an intellectual property attorney. The same is true for people looking to use someone else's work.

Whether you run a non-profit or open a business, you must consult a business law attorney.

For more information and resources related to copyrights and other types of intellectual property, you can visit FindLaw's Intellectual Property section.