Orlando Copyright Lawyer

With a copyright, your original works or authorship are protected under law. These works can include musicals, dramatic, and literary works, along with visual and audio recordings, photographs, and other intellectual property works. If you want to protect your work, make sure to contact a Florida copyright attorney.

What Is a Copyright?

When an author creates a work in a tangible form of expression, that intellectual property can be protected. Under current copyright law, paintings, illusions, photographs, musical compositions, computer programs, books, blog posts, poems, movies, and architectural works are all protected.

Copyright law protected two types of works: fixed and original.

Fixed Works

Under the law, a work is deemed fixed when it has been captured in a stable, tangible, and concrete form. For example, a short story printed on paper is considered fixed, but the live performance of the story does not fall under this classification.

Original Works

Works are deemed original when a human author has created them, and there was a certain level of creativity. You must have created it without copying the work from another individual. According to the Supreme Court, an original work must have a “spark” and “modicum” of creativity.

Some things do not fall into the “creative” category, such as:

  • Names
  • Tiles
  • Short phrases
  • Slogans
  • Symbols
  • Typography and lettering
  • Ingredients and contents

You cannot copyright procedures, systems, methods, concepts, discoveries, principles, or expressions.

Who Is a Copyright Owner?

If you have created an original work and fixed it, you are considered the owner and author. In some cases, organizations, companies, and other individuals can claim a copyright in addition to the author. Some copyright law allows for employers to claim ownership through “works made for hire” doctrine.

Under U.S copyright law, the owner can have a few exclusive rights, such as:

  • Distribution of copies or record of the work for sale to the public
  • Performance of the work in a public setting if its a dramatic, choreographed, literary, or musical work
  • Public display of the work, if it’s musical, literary, dramatic, or choreographed work. This right also applies to audiovisual and motion picture works
  • Reproduction of works in phonorecords and copies
  • Create derivative works based on the original work
  • Performance of the work by way of a digital audio transmission for a sound recording

With a copyright, the owner has the right to authorize other individuals to exercise these exclusive rights.

Length of a Copyright

The length of your specific copyright will depend on when you created the work. Under the law, all works created on or after January 1, 1978, have active copyright for the term of the author’s life plus 70 years. If the creation was joint work, then the 70 years will start after the last author’s death.

For any “for hire,” pseudonymous, or anonymous works, a copyright will be in effect for 95 years from the publication or 120 for the initial creation, whichever is shorter. If you have any questions, you should speak with a copyright attorney in Orlando.

As soon as the work is fixed in a tangible medium, the author must begin using the copyright symbol and inform others of the author’s intention to exercise control of the distribution, production, display, and performance of the work. With these steps, the author can make it easier for the courts to enforce your copyright.

Florida Copyright Lawyers

At IPS Legal Group, we have a team of intellectual property attorneys in Orlando. We can advise you on whether you need copyright protection for your works. Please schedule a free and confidential consultation with our Orlando office.

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