Copyright Attorney

Copyright attaches automatically when the work is created and immediately becomes the property of the author who created the work. Copyright protection is currently available for both published and unpublished works. Experienced Brooklyn, NY and Bucks County, PA copyright lawyer Leonid Mikityanskiy has advised various authors and artists on copyright procurement, licensing and copyright disputes and can help you protect your works of authorship.

The copyright services at Law Offices of Leo Mikityanskiy include:

• Copyright registration.
• Preregistration of unpublished works such as computer programs, movies, music, books and photographs.
• Ownership of works for hire and joint works.
• Derivative works, compilations, and collective works.
• Copyright licensing: negotiating the licensing terms and preparing licensing agreements for copyrighted works.
• Copyright enforcement and defense against claims of copyright infringement; preventing the importation of infringing copies into the United States.
• DMCA (Digital Millennium Copyright Act).

What is protected by copyright?

The original works of authorship may include literary, dramatic, musical, artistic, choreographic, pictorial, graphic, sculptural, motion pictures, sound recordings, architectural and certain other intellectual works. Copyrightable works include original poetry, novels, movies, songs, jewelry, fabrics and fashion designs, and computer software. Computer programs, for example, may be registered as literary works, and maps and architectural plans may be registered as pictorial, graphic, and sculptural works.

Copyright does not protect facts, ideas, systems, procedures, processes or methods of operation, but it may protect the way these things are expressed. Works that are generally not eligible for federal copyright protection include concepts, principles, discoveries, titles, names, short phrases, slogans, and works consisting entirely of information that is in the public domain.

What is not protected by copyright?

Copyright does not protect facts, ideas, systems, procedures, processes or methods of operation, but it may protect the way these things are expressed. Works that are generally not eligible for federal copyright protection include concepts, principles, discoveries, titles, names, short phrases, slogans, and works consisting entirely of information that is in the public domain.

The original works of authorship may include literary, dramatic, musical, artistic, choreographic, pictorial, graphic, sculptural, motion pictures, sound recordings, architectural and certain other intellectual works. Copyrightable works include original poetry, novels, movies, songs, and computer software. Computer programs, for example, may be registered as literary works, and maps and architectural plans may be registered as pictorial, graphic, and sculptural works.

When can I use a copyright notice?

When a work is published, it may include a copyright notice to inform the public that the work is protected by copyright and to identify the year of publication and the name of the copyright owner. Use of the notice on published copies is important in the event that the work is infringed. Someone who knows of copyright protection cannot claim “innocent” infringement of the work.

A proper copyright notice includes: (1) The symbol © , the word “Copyright,” or the abbreviation “Copr.”; (2) The year of the first publication of the work; and (3) The name of the owner of copyright in the work. For example: © 2019 Leo Mikityanskiy.

The original works of authorship may include literary, dramatic, musical, artistic, choreographic, pictorial, graphic, sculptural, motion pictures, sound recordings, architectural and certain other intellectual works. Copyrightable works include original poetry, novels, movies, songs, and computer software. Computer programs, for example, may be registered as literary works, and maps and architectural plans may be registered as pictorial, graphic, and sculptural works.

What rights do I get if I copyright something?

The owner of the copyright in a work has the exclusive rights to:

• make copies or reproductions of the work;
• create derivative works based on the work;
• distribute, sell, rent, lease, or lend copies of the work to the public;
• perform the work publicly;
• display the work publicly; and
• in the case of sound recordings, to perform the work publicly by a digital audio transmission (the DAT right).

The owner of the copyright in a work has the exclusive rights to:

• make copies or reproductions of the work;
• create derivative works based on the work;
• distribute, sell, rent, lease, or lend copies of the work to the public;
• perform the work publicly;
• display the work publicly; and in the case of sound recordings, to perform the work publicly by a digital audio transmission (the DAT right).

Why register a copyright?

Registration is not a requirement for copyright protection. In fact, registration may be made at any time within the life of the copyright. However, it is very useful to register works as soon as possible for a number of reasons:

• First, to file an action for copyright infringement in a federal district court, the owner must register works of U.S. origin.
• Second, certain copyright infringement damages may not be available to the copyright owner who registers only immediately before filing an infringement lawsuit. To receive statutory copyright damages and attorney’s fees in an infringement action, the copyright registration must be made within three months after publication of the work or before the infringement of the work.
• Third, copyright law provides other significant advantages to copyright owners who register their works. Registration establishes a public record of the copyright claim and is evidence in court of the validity of copyright if registration is made before or within five years of publication. Registration also allows the owner of the copyright to record the registration with the U.S. Customs and Border Protection to prevent the importation of infringing copies.

The original works of authorship may include literary, dramatic, musical, artistic, choreographic, pictorial, graphic, sculptural, motion pictures, sound recordings, architectural and certain other intellectual works. Copyrightable works include original poetry, novels, movies, songs, and computer software. Computer programs, for example, may be registered as literary works, and maps and architectural plans may be registered as pictorial, graphic, and sculptural works.