Scope of subject matter
A copyright can also protect creative works that are often thought of as protectable under other intellectual property rights. To name a few examples, software is sometimes eligible for patent protection; aspects of a website and the original design of a product may be protected by trade dress or even a design patent. Each of these may also be protected by a copyright as well. Whether a copyright is thought of as a primary level of intellectual property protection or as an additional layer of intellectual property protection, it can be a valuable asset.
Benefits of Copyright Registration
As trademark rights begin with use, copyright protections begin with creation. However, without federal registration, copyright protection is limited. A federal copyright registration permits copyright owners to sue for infringement and to seek enhanced damages and/or an injunction. This means that a copyright owner has the ability to prevent others from using, copying, distributing, performing, or displaying a copyrighted work.
The Registration Process
It is often a simple process to obtain a federal copyright registration. The Copyright Office generally requires basic applicant information, author information and a deposit of the work at the Office along with a small fee. A federal copyright can be a simple and inexpensive way to obtain actionable protection for some of your intellectual property. The difficulty with copyright law, however, often lies within the exceptions and defenses to allegations of infringement.
AMPACC Law Group, PLLC is a boutique intellectual property firm that assists its clients in obtaining and enforcing intellectual property protection in each of these legal practices. The information provided in this article is general in nature, and not intended to address any specific factual situation. If you would like more information about intellectual property law or AMPACC, please contact us.