Copyright.

Our attorneys keep an eye on copyright developments worldwide and render legal services in connection with business transactions and disputes involving copyrightability matters. Copyright is an original expression of an idea, provided that is it is recorded upon a tangible medium. Such an expression may extend beyond literary and artistic works and encompass mundane commercial works such as instruction brochures, sale brochures and similar matters as long as it is recorded upon a tangible medium. The requirement of originality is a condition for copyright protection in most countries. Lack of a minimum level or a nominal amount of creativity would defeat the right to copyright.

Copyright is secured automatically upon its creation, registration is a fairly simple matter which can be accomplished by submitting an application and two copies or more of the work required to be registered to the Register of Copyright. By registering copyright, you provide notice to the world to the effect of being able to claim damages if an infringement happened to occur. Registering copyright is a condition precedent to bringing an action of infringement. Copyright registration allows the owner the right to reproduce copies, produce derivative work, the right to distribute copies, the right to public performance and the right of pubic display.

The rights comprised in copyright are literary and artistic works, dramatic, dramatico-musical works, cinematographic works, rental rights, performs’ rights, rights of producers of phonograms, rights of broadcasting organizations. However, on the premise of “fair practice” justified by purpose, quotations from works are permitted for purposes such as news reporting, comment, criticism, scholarly endeavors such as research and teaching. Such use or production is permitted, provided however, that it does not conflict with normal exploitation of work and does not unreasonably prejudice the legitimate interests of the right holder. Computer programs whether in source or in object code would be protected as literary work.

Our copyright services include the following:

  • Preparing copyright applications for registration with the Register of Copyrights.
  • Advising clients on copyright infringement litigation.
  • Preparing cease and desist letters to infringers.
  • Negotiating settlement agreements for copyright infringement.
  • Drafting publishing and writers’ agreements.
  • Preparing copyright assignment agreements.
  • Preparing copyright licensing agreements.

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