Intellectual Property: Copyrights in Utah
When you come up with an original work, you own the copyright to that work.
This includes novels, paintings, songs, and even computer code. You can do whatever you want with your copyrighted work – sell it, give it away, or keep it for yourself.
A Utah business litigation attorney can help you file for copyright protection and deal with any infringement issues that may come up.
If you believe you have a work that needs copyright—contact Provo lawyers Howard Lewis & Petersen, highly experienced Provo business litigation attorneys who can help you.
What Are Creative Works?
Categorizing what falls under creative works is pretty broad and can be confusing. You should consult with Provo intellectual property attorneys to get a definitive answer.
However, some common examples of creative works include:
- literary works such as novels, poems, and plays
- musical works, including the accompanying words
- dramatic works, including any accompanying music
- pantomimes and choreographic works
- pictorial, graphic, and sculptural works
- motion pictures and other audiovisual works
- sound recordings
- architectural works
As you can see, copyright protection is quite broad. If you have created something that falls into one of the above categories, the chances are good that it is automatically copyrighted.
You do not have to register your work with the Copyright Office to receive protection; however, registering your work does have some benefits against copyright infringement.
What is Copyright?
Copyright is a type of intellectual property that gives its owner the exclusive right to reproduce, distribute, and perform the work or authorize others to do so.
Copyright protection is available for both published and unpublished works. In general, copyright protection lasts for the author’s life plus 70 years.
The United States copyright laws (Title 17, U.S. Code) govern the making of photocopies or other reproductions of copyrighted material. In Utah, the Copyright Office of the Library of Congress qualifies copyright registration.
Under these laws, anyone who reproduces copyrighted material without the copyright owner’s permission is liable for infringement.
Some things are in the public domain, which means they are free for anyone to use. You can use other things without the copyright owner’s permission under the doctrine of “fair use.” You can seek the help of a business attorney in Provo to understand this doctrine better.
Copyright Infringement
Copyright infringement occurs when someone violates one or more of the copyright owner’s exclusive rights. These exclusive rights are:
- The right to reproduce the copyrighted work
- The right to prepare derivative works based on the copyrighted work
- The right to distribute copies of the copyrighted work to the public by sale, rental, lease, or lending
- The right to perform the copyrighted work publicly
- The right to display the copyrighted work publicly
Suppose you believe that there is an infringement of your copyright. In that case, you can consult with a business litigation attorney in Provo to file a lawsuit against the person or entity you believe is infringing on your copyright.
If you win the lawsuit, the court may order the infringing party to pay you damages, and in some cases, the court may also order them to stop infringing on your copyright.
An experienced Provo copyrights attorney can help you determine whether you have a valid copyright infringement claim and, if so, what damages can you claim.
Why Copyright Your Work?
If you have created a work that is eligible for copyright protection, you may be wondering whether it is worth the effort to copyright your work. After all, as we mentioned above, your work is automatically copyrighted as soon as you create it.
So why go through the hassle of registering your copyright?
There are a few good reasons to register your copyright that you can consult with a business attorney to understand the registration process and how it can benefit you:
- First, if you register your copyright, you will have a public record of your copyright claim. This can be important if you ever need to prove that you are the rightful owner of the copyright.
- Second, if you register your copyright within three months of publication, you receive entitlement to statutory damages and attorney’s fees if someone infringes on your copyright. Statutory damages can range from $750 to $30,000, and attorney’s fees can be quite high.
- Finally, suppose you register your copyright within five years of publication. In that case, the presumption is you are the rightful owner of the copyright, which can be important in a court battle over copyright ownership.
You Need a Help from Provo Intellectual Property Attorneys
As you can see, copyright protection is quite broad and complex. If you have created something that falls into one of the above categories, the chances are good that it is automatically copyrighted.
You do not have to register your work with the Copyright Office to receive protection; however, registering your work has some benefits.
If you believe that someone infringed on your copyright, you can consult with Provo intellectual property attorneys to file a lawsuit against the person or entity that you believe is infringing on your copyright.
Contact Provo lawyers Howard Lewis & Petersen today to learn more about your legal options.
