What Every California Entrepreneur Should Know About Copyright Ownership?

You may wonder what every California entrepreneur should know about copyright ownership. Copyright ownership can be a complicated legal area, so it can be helpful to understand the basics. You should also consider speaking with an experienced intellectual property lawyer if you have questions regarding copyright ownership, licensing, or infringement.

What You Should Know About Copyright Ownership?

Copyright is a form of legal protection provided to creators, inventors, and entrepreneurs of an original piece of intellectual property. This includes pieces of art, music, photographs, writing, and much more. Whether you are an entrepreneur yourself or a business looking to license a copyrighted property, these are some basics of copyright ownership that you should familiarize yourself with:

• The owner of a copyright has exclusive rights. These rights include the ability to use and reproduce the copyrighted work or derivatives of said work, display the work in public spaces, distribute and sell copies of the work, prevent others from using the work without permission, and license others to use your work under the copyright.
• Registration is not always necessary. Technically, a copyright does not need to be registered with an official agency, such as the U.S. Copyright Office, to be legally protected. While you can check registered copyrights online, works created after a certain point do not necessarily require registration. As long as intellectual property is an original work of authorship, it is eligible to be protected under copyright laws.
• Copyright infringement is a risk. If a creator’s copyrighted work is used without their written permission, they have the right to take legal action against the offending party. It is important to understand the risks of potential infringement both as the copyright owner and as a business trying to avoid possible infringement. A lawyer can help you to effectively protect your intellectual property and business interests.

Copyright cases in California fall under federal jurisdiction, meaning they are typically handled by the U.S. District Court system. For example, copyright issues in the Roseville area that require court intervention are most likely to go through the Robert T. Matsui United States Courthouse. This legal venue is located at 501 I Street, Sacramento, CA.

California Copyright and IP Concerns

In fiscal year 2024, the U.S. Copyright Office received 976 copyright claims, nearly 40 percent of which involved sculptural, graphic, and pictorial works, such as photographs. Around 21 percent of claims were related to audio-visual and motion picture works.

If you need help registering or enforcing a copyright, you should hire an intellectual property lawyer right away. California intellectual property laws can be complex at times, so it can be beneficial to work alongside a qualified copyright attorney.

Hire an Intellectual Property Lawyer: Peterson Watts Law Group, LLP

At Peterson Watts Law Group, LLP, we understand the importance of protecting your business and intellectual property. Our experienced copyright attorneys have nearly seven decades of combined legal experience and are here to counsel you on any potential copyright ownership or infringement concerns you may have. Our professional legal team has extensive experience representing entrepreneurs and business owners across the state of California.

FAQs

Do You Have to File a Copyright to Be Protected?

No, you do not have to file a copyright to be protected under federal copyright law. Technically, a person who creates intellectual property holds the copyright from the moment of creation. But it is still highly recommended that copyright owners register their works because it creates a public record of rights ownership. Without an official copyright, it can be more difficult to prove who the true owner of the copyright is in the event of a dispute.

How Can an IP Be Eligible for Copyright Protection?

In California, in order for intellectual property to be eligible for copyright protection, it must be considered an original work of authorship. In addition to being original, the intellectual property must also have been created by a person and in a fixed, tangible manner of expression.

This means the proposed work cannot be an idea, concept, strategy, or similar. If you’re unsure whether your intellectual property may be eligible for copyright protection, speak with a lawyer.

What Types of Content Can Be Copyrighted in California?

Several forms of content and expression can be potentially copyrighted in California. These include movies, visual art, music, sound recordings, lyrics, articles, books, poems, drama works, photographs, dance choreography, other performing arts, speeches, images, audio-visual content, computer code, web content, promotional material, and more.

One way to effectively copyright your intellectual property is to register it with the U.S. Copyright Office. An IP attorney can assist you with this and other copyright issues or questions.

How Do I Avoid Copyright Infringement?

To avoid copyright infringement, you should avoid using original works that aren’t yours and that you did not receive written permission to use. If you believe your copyrighted work has been infringed upon, you should speak with a qualified and skilled intellectual property attorney.

An attorney can review the details of your situation to see whether copyright infringement has actually occurred. If it has, an attorney can also guide you through filing a claim against the offending party.

Q: How Long Does a Copyright Typically Last?

A: In the United States, intellectual property registered under copyright laws after 1978 receives protection for the duration of the entire life of the creator or author plus an additional 70 years after their death. A work created for hire or created anonymously or pseudonymously is protected under copyright laws for 95 years from its initial publication or 120 years from the year it was created, whichever occurs first.

Get in Touch With an IP Lawyer About Copyright Ownership

If you are in search of a capable and skilled intellectual property attorney, look no further than the professional legal team at Peterson Watts Law Group, LLP. We are here to help you understand your rights and protect your copyrighted intellectual property from potential infringement. Contact us today for an initial consultation.