Rogers, AR Copyright Infringement Lawyer
If you created an original, copyrightable work, the last news you want to hear is that another party is adopting your work for their own profit. Unfortunately, copyright infringement happens more often than you might think. However, there are various protections under the Copyright Act that can help you protect your work from infringers. If you require legal assistance to deal with copyright infringement of your work, contact an experienced Rogers copyright infringement lawyer today.
The legal team at Gunn Kieklak Dennis, LLP is ready to help you pursue a copyright infringement claim against the person or company that stole your work. Our firm understands how frustrating it can be to know that someone is profiting from your ideas, and we are here for you. To schedule a confidential legal consultation to discuss your claim, contact Gunn Kieklak Dennis, LLP at (479) 717-9068, or contact us online.
Works that Copyright Protects
Copyright law in the United States protects the original work of a person that is affixed in a tangible form. For example, if you begin writing the plot to a motion picture that you plan to develop, your work becomes copyrightable the moment you to start to write.
To be eligible for a copyright, the U.S. Copyright Office states that an original work only needs a “minimal degree of creativity.” This is a very low burden that can be easily satisfied as long as your work does not bear a practically identical resemblance to the copyrighted work of another.
There are multiple types of original works of authorship that can be copyrighted:
- The words to a song
- Artistic works like sculptures and paintings
- Architectural works
- Computer programs
- Clothing designs
This is not an exhaustive list. It is also important to note that there are items that cannot be copyrighted. For example, if you produce a new invention or you create a catchphrase for your business, these items are not eligible for a copyright. However, you may be able to seek a patent or trademark for those creations. Other items that cannot be copyrighted include ideas, trade secrets, and work that never takes a tangible form.
To learn more about copyrights and how to protect your copyright, you should continue reading and speak with an experienced Arkansas intellectual property lawyer today.
Dealing with Copyright Infringement
When you create an original work and give it a tangible form, your work is automatically copyrighted. However, while you receive some protections by this form of copyright, you cannot gain full protections until you register your copyright with the U.S. Copyright Office.
There are several rights that a person gains when they register their copyright. For example, if the creator wants to make derivative works from their initial work, registering their mark will give them this exclusive right. Other exclusive rights gained by registering a copyright include:
- The right to reproduce your work
- The right to sell copies of your work to people and businesses
- The ability to rent or lease your work to buyers
- The right to display your work in public
- The right to perform your work for a profit
It is important to note that there are some circumstances where a person has the opportunity to use your copyrighted work without your specific permission. This is referred to as the “Fair Use” doctrine, and it is typically used in cases of news reporting or satirical purposes.
When you register your copyright with the U.S. Copyright Office, your copyright will be entered into a database operated by the agency. The general public can then search this database to discover the types of copyrights that have been registered with the office. This puts the general public on notice of your copyright and will make it easier for you if you must file a lawsuit for copyright infringement.
When you file a copyright infringement lawsuit after registering your work, you will have a presumption that your work is valid. This means that the defendant will have to overcome this burden and show that their work did not heavily take material from your work.
The legal remedies for copyright infringement can vary. For example, you can be given an injunction that states the infringer must cease using your work in an illegal capacity. If the infringer profited from your work, you could receive royalty payments and other damages.
Work with Our Trusted Arkansas Copyright Infringement Lawyers
If you or family member had their copyright infringed, contact an experienced Arkansas copyright infringement lawyer today. With decades of combined legal experience, the copyright lawyers at Gunn Kieklak Dennis, LLP are here to help you fight for the compensation that you deserve. To schedule a confidential legal consultation to discuss your situation, contact Gunn Kieklak Dennis, LLP at (479) 717-9068, or contact us online.