Copyright Infringement
Copyright protection covers “original works of authorship.” Under the United States Copyright Act, a copyright holder has the exclusive rights of reproduction, distribution, performance, display, licensing, and preparation of derivative works from the copyrighted material. Copyrightable material includes, among other things, photographs, videos, literary works, software, music, choreography, graphics, sculptures, sound recordings, and architectural works. To qualify for copyright protection, a work must be fixed in a tangible medium of expression from which it can be communicated. Copyright protection does not extend to mere ideas, systems, concepts, principles, or discoveries in their abstract forms.
An individual obtains a copyright as soon as he/she creates the original work; however, where an original work is made “for hire,” the employer effectively becomes the author and owns the rights and protections. Although copyright registration is voluntary, a copyright must be registered with the U.S. Copyright Office in order to enforce rights through copyright infringement litigation.
Original works created on or after January 1, 1978 are protected for the creator’s life plus 70 years. Works for hire typically are protected for the lesser of 95 years from first publication or 120 years from creation. The length of copyright protection for works published before 1978 varies depending upon the specific year of first publication. Once copyright protection expires, the work reverts to the public domain, and the copyright holder loses his/her rights.
Copyright holders typically enforce their rights through copyright infringement litigation, though disputes often are resolved through cease and desist correspondence before instituting a lawsuit. Possible defenses to a claim of copyright infringement include the fair use doctrine, which covers use of the copyrighted work in order to criticize it, comment upon it, report news concerning it, or to teach, research, or produce other scholarly work, or the safe harbor provisions of the Digital Millennium Copyright Act of 1998 (“DMCA”).
Congress passed the DMCA to balance the interests of copyright owners and internet service providers in the digital age. The DMCA creates a safe harbor for an online service provider from direct and indirect liability for copyright infringement by its users, provided the provider complies with specific statutory requirements. More specifically, to benefit from the DMCA’s safe harbor provisions, an internet or online service provider generally must: (1) designate an agent for receipt of copyright infringement claims, who is not only identified on the provider’s website, but also electronically registered with the U.S. Copyright Office; (2) set forth on its website and adhere to the DMCA’s notice-and-take-down requirements; (3) adopt internal policies/procedures for strict take down compliance once a DMCA notice is received; and (4) implement and inform its users of a “repeat infringer” policy.
Additionally, in order to benefit from the DMCA safe harbor provisions, an online service provider must lack knowledge of the infringing conduct, and online service providers are not protected from claims concerning their own infringing conduct. The DMCA safe harbor provisions protect only the online service provider and not the user(s) of their system who infringe the copyrighted work.
The Law Offices of Craig Hubble, along with our copyright co-counsel, guides and assists our clients in all aspects of copyright law, including registering original works with the U.S. Copyright Office, protecting copyrighted works via cease and desist correspondence and civil copyright infringement actions, ensuring our clients’ compliance with DMCA requirements, and defending claims of copyright infringement. Although based in Los Angeles, we are skilled in prosecuting and defending copyright infringement actions throughout the federal district courts in California.
Whether you seek copyright protection for your original works, you need to pursue a claim of copyright infringement, or you are the target of a copyright infringement claim, contact us today for a free consultation as to your potential rights, remedies and defenses.