Copyright lawyer Washington D.C

Before we start discussing copyright law and what needs to be done to get one registered, it is important to learn about copyrights. 

Copyrights are owned by a person when they create an ‘original work’. This means that they only have to get that work registered to claim ownership if they want to protect their work from infringement and seek remedy and relief.

The compensation for this type of violation is set out in the copyright statute (also called statutory damages) and they can be sought through court proceedings only if the work is registered under the law. 

Although the general rule is that the copyright is vested with the owner, the use of specific types of work by other people is allowed under certain exceptional circumstances. If you wish to learn more about the legal issues of copyrights and want to know how a copyright attorney in Washington DC can help you, continue reading this blog. 

If at the end of your reading, you find the information helpful and wish to seek legal assistance from an experienced attorney, contact us by booking a free appointment with our principal attorney at Drishti Law. Our law firm is specialized in the matters of copyright, trademark, trade secrets, and IP litigation, and serves clients from all over Washington DC.

What is Copyright Law?

The area of law which registers and enforces copyrights is called the copyright law. In the U.S., the law is prescribed under the Copyright Act which grants the owners exclusive rights of ownership for that work, meaning that they have the right to reproduce, distribute, or display their original work. The exclusivity in those rights means that the work can only be used or distributed with the permission of the owner. 

The ownership rights can only be acquired if the work is original and not copied or adapted from an already existing work. If the work is original, then the rights are automatically vested with the owner and they don’t have to formally register it to secure the said ownership. The law stipulates that all original work of creation should have a certain “modicum of creativity” to be eligible as a copyright. This means that slogans, images, phrases, or words are not sufficient enough to be granted copyright. 

A copyright can be acquired if the work is fixed on a tangible medium. Certain states do protect the non-fixed works also while others have strict restrictions against those works which are not in a tangible format, such as written or recorded. 

After securing rights under the copyright law, the creator has the discretion of granting the rights to distribute, reproduce, and adapt their work to any other entity. They also have the right to monetize their work. However one thing should be kept in mind, that copyright protects a created work, not ideas. In other words, no one person can own an idea unless that idea has been converted into an actual piece of creation. For this reason, the law does not protect facts, history, procedure, principle, or any discovery. Hence, works which are purely based on factual or public information are not protected by copyright law. 

What Factors Are Considered By the Copyright Law When Determining Infringement? 

Infringement pertains to unlawful and unauthorized use of someone else’s work. In copyright, this means reproducing, distributing, adapting, deriving, or displaying someone else’s work without the permission of the author or without giving them due credit. Having ownership rights does not imply that the work is now protected and it would not be copied or sold without permission. 

On the contrary, this is more often the case. With the influx of original creative works by up-and-coming authors and artists, the infringement problem is also on the rise. This is especially the case with the advent of digital platforms. Here, every other work is being infringed and unfairly sold without the knowledge and permission of the owner. 

To determine infringement of an original work and understand if the use of the copyrighted work has been done within the permissible range, the law considers the following four factors: 

• The nature or purpose of the use
• The character of the work
• Whether the copyrighted work is being used as a whole or some part of it has been used
• The resulting damage from the unauthorized use of the original work

When Do I Need a Copyright Attorney specializing in Copyright Protection in Washington DC?

 In certain situations, an individual can acquire the protection independently without relying on an intellectual property attorney. However, there are certain advantages of seeking the services of one. Although the process is straightforward – as you simply have to fill out the application form and submit it – a copyright attorney in Washington DC will make things easy and manageable for you. 

Since they are experts in the field of intellectual property law, they can help you understand the legal requirements and also expedite the process by gathering all the relevant documents. Furthermore, they have ample resources which can impact the overall outcome of the registration process in your favor. 

There are also cases where you are not the sole author or creator of a work, i.e. there are other collaborators too. These kinds of situations make the copyright case complex and require adequate handling. A copyright lawyer is experienced in these kinds of cases so they will be of great support in your registration journey.  Legal counseling is also helpful when you intend to assign the rights of your work to someone else in the form of licensing or want to sell it altogether. 

Similarly, you might face a situation where your work has been illegally sold or distributed by someone else. A copyright lawyer in Washington DC is well-equipped to handle infringement lawsuits by initiating court proceedings against the infringer. This is something that you cannot do on your own and you would require the help of an intellectual property lawyer. 

Why Should You Choose 0ur Washington DC Intellectual Property Law Firm? 

At Drishti Law, we are more than a law firm. Our motto is complete commitment to the client and understanding their concerns. We have an established track record in the field of intellectual property law. Our principal copyright attorney at the law firm has represented several of his clients in different capacities. 

Hiring the services of our intellectual property attorney in Washington DC includes the following: 

• Tailored Plan:
  Our principal attorney focuses on providing independent attention to all his clients and provides them with a tailored plan customized to their needs.

• Efficiency:
  Whether it’s the registration process or enforcement of ownership rights, our IP lawyer in Washington DC ensures that there are no unnecessary delays on his part which prevents you from getting your ownership rights.
  

• Experience:
  Our copyright lawyer has considerable experience in the field of IP law, specifically copyright law. He has handled all types of cases, thus giving him an all-rounder experience in this field.