When Another Party Blatantly Steals Your Copyright

A copyright can be extremely important to your business if you are producing valuable intellectual property—and while that may be a matter of perspective to some regarding ‘artistic works’ (the definition of what can be copyrighted), such ‘property’ often grows in value exponentially over time. In most cases, though regarding a business venture, artistic expressions that must be registered for serious legal protection may have been long-term projects resulting in intellectual property that your company values deeply, and could include work like software, architectural works, and more. These items can be thought of almost like business inventory and must be guarded just like everything else.

Are you trying to decide whether you want a copyright? If so, ask yourself how you would respond if you found out that someone else had taken your work or replicated it for their own gain. Having a formal copyright establishes with the rest of the world that you own a work; however, many copyright owners are not aware that as soon as they bring the work into existence, they do own it; the question is then how to keep it safe. Registration means taking your current level of ownership one step further by making it formal with the U.S. Copyright Office. If the copyright lapses or expires, it then enters the public domain. Most copyrights are good as outlined by the U.S. Copyright Office:

“As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors.”

But what about when another party just takes off with your work blatantly? That is theft, and it must be dealt with by a skilled legal professional. If you have worries regarding infringement, contact the Bolender Law Firm as soon as possible. Infringement cases can be complex, as not only must you provide evidence of the intellectual property infringement but also defend your copyright against fair use issues and more. You may also want to consider whether the offending party has the resources to pay damages should you engage in a lawsuit over your copyright.

Do you need legal assistance with an intellectual property matter? If so, contact the Bolender Law Firm. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!


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