Copyright Filings
Did you know that certain authorships are governed and entitled to protection under the Copyright Act?
17 USCS Section 102 states:
"Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:
(1) literary works;
(2) musical works, including any accompanying words;
(3) dramatic works, including any accompanying music;
(4) pantomimes and choreographic works;
(5) pictorial, graphic, and sculptural works;
(6) motion pictures and other audiovisual works;
(7) sound recordings; and
(8) architectural works."
Although a copyright automatically vests in every "original work of authorship", registering your copyright entitles you to a whole host of benefits such as presumed validity of ownership and statutory penalties in the event of infringement.
Fair Use
Did you know that there are certain "limitations" of a copyright that entitles non-owners to use another's work without their permission?
17 USCS Section 107 states: "for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright."
What this means is that if your 'use' of a copyrighted work falls under Section 107, you may be entitled to use another's work without having to ask permission or pay them. However, fair use is and was intended to be a limiting doctrine and only carved out for certain, explicit, non-commercial uses. The purpose of the doctrine is to prevent copyright owners from stifling creativity and the free movement of ideas and expressions (a key First Amendment limitation).
DMCA Compliance
Did you know that certain websites where users post content are specifically exempted from liability under the Copyright Act in the event that the "service provider" immediately takes down any infringing work and is otherwise in compliance with the statute?
17 USCS Section 512(c) states:
"(1) In general. A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider, if the service provider—(A)(i) does not have actual knowledge that the material or an activity using the material on the system or network is infringing;
(ii) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or
(iii) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material;
(B) does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and
(C) upon notification of claimed infringement as described in paragraph (3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.
(2) Designated agent. The limitations on liability established in this subsection apply to a service provider only if the service provider has designated an agent to receive notifications of claimed infringement described in paragraph (3), by making available through its service, including on its website in a location accessible to the public.."
If your website may qualify as a "service provider" ensure that the necessary statutory compliance is in place so that you're not held liable for copyright infringement for something one of your users posted.
We have years of experience helping clients with various copyright matters and would be happy to assist you with yours!
Contact us today for a free consultation.
Copyright Filings, Issues & DMCA Compliance
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