Back to Basics: Copyright Law

This is one in a series of posts covering some basic aspects of intellectual property law.  Previous posts touch on patents (parts 1 and 2) and trademarks (parts 3 and 4).  This post will cover the general elements of copyright law. 

Copyright law protects the expression of an idea fixed in a tangible medium.  Thus, the protection is more limited than other aspects of intellectual property law.  However, if copyright infringement is found, relief to the copyright owner can include an order against further infringement as well as money damages which can range from between $200 and $300,000 per act of infringement.  Damages may also include attorneys’ fees and costs.  Infringers may also be subject to criminal prosecution and may be imprisoned if found guilty.

Types of works covered by copyright law include:

•   literary;           
• musical;
•  dramatic;
• pantomimes and choreographic works;
• pictorial, graphic, and sculptural works;
• audiovisual works;
• sound recordings;
• derivative works;
• compilations; and
• architectural works.

In order to proceed with a copyright infringement action, you must register your work with the United States Copyright Office.  This can be done online on their website. 

Copyright notice is given by using “©” followed by the year or years in which the work was published and the owner.  In addition, a statement such as “all rights reserved” or “no unauthorized use permitted” may follow the notice.  This puts the public on notice of your intent to enforce your rights via copyright law.

Protecting your innovative developments is critical to any organization.  Having the right person to help you make that decision is important.  The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game.   The first telephone consultation is free.  Email us at klynch@kliplaw.com.

Back to Basics: Patents Part 2

This is the second in a series of posts on the basics of patents.  The first post discussed the scope of a patent and how to obtain one.  This post will focus on the benefits of a patent and how you can enforce one. 

Now that you have a patent, what can it do for you?  A patent is only as good as your ability to enforce it.   A patent owner has the right to keep others from making, using, selling or offering for sale his/her patented invention.  A patented invention is defined by its claims.  The claims are the last part of the patent document and are numbered.  The claims define the “metes and bounds” of the invention. 

In a dispute, or when a patent is asserted against an alleged infringing party, the claims are interpreted to determine the scope of the invention.  Once the scope of the invention is determined, then that scope is applied to the alleged infringing activity to see if it falls within the scope of the patented claims. 

Patent infringement is a federal offense and may be brought in federal court.  Patent infringement provides for the recovery of both actual and punitive damages.  These may include up to three times the damages if the infringement is found to be willful or intentional.    A patent owner may also seek an injunction to stop existing and future infringing activity.  In some cases costs and attorneys fees are also recoverable.   

Capitalizing on innovative developments is critical to any organization.  Having the right person to help you make those decisions is important.  The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game.   The first telephone consultation is free.  Email us at klynch@kliplaw.com.