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Copyright

Copyright Registration, Enforcement, Licensing and Assignment

Copyrights provide intellectual property (IP) protection for, “original works of authorship fixed in any tangible medium of expression.” Literary works, songs, videos, photographs, architectural plans and software code are just a handful of the numerous types of works that are protected by copyright in the United States.

Copyrights are somewhat unique in that they arise automatically under federal law; and, unlike common-law trademark rights, these automatic copyrights are not geographically limited. However, in the absence of a registration with the U.S. Copyright Office, proof of access is necessary to establish a claim for infringement. Registration affords access to statutory damages and other benefits as well; and, as a result, businesses, artists and professionals that rely on the exclusivity of their copyrights for monetization stand to benefit greatly from registering their copyrighted works.

Full-Service Legal Representation for Copyright Protection, Monetization and Enforcement

For many of our clients, monetizing their copyrights means one of three things: (i) publishing their copyrighted works online, (ii) licensing their copyrighted works for third-party use or widespread distribution, or (iii) assigning their copyrighted works for substantial value. We assist our clients with each of these types of efforts, and we also routinely represent clients with regard to online and offline copyright enforcement.

  • U.S. Copyright Office Registrations – We represent clients in the filing and prosecution of copyright registrations with the U.S. Copyright Office. This includes individual registrations as well as group registrations of multiple related works.
  • Copyright Portfolio Management and Monitoring – We help clients manage copyright portfolios ranging in size from tens to thousands of individual works. We also help our clients monitor their copyrights online and offline in order to quickly address instances of infringement.
  • Licensing and Assignment Transactions – We have extensive experience in licensing and assignment transactions involving all types of copyrighted works. We represent parties on both sides of these transactions, and we provide strategic and forward-thinking advice based upon decades of past experience.
  • Digital Millennium Copyright Act (DMCA) Compliance and Enforcement – We represent copyright owners in all DMCA-related matters, including compliance and enforcement. If someone else is using your copyrighted works online, taking advantage of the DMCA’s takedown provisions can be the most-efficient way to preserve your exclusive IP rights.
  • Copyright Infringement Notices and Litigation – If a DMCA notice is not enough, or if another business or individual is making unauthorized use of your copyrights offline, we can take all necessary legal action to protect your rights. Depending upon the circumstances involved, this could mean sending a formal cease-and-desist letter, or it could mean seeking damages and injunctive relief in federal district court.

Speak With a Copyright Attorney at Peretz Chesal & Herrmann, P.L.

If you would like more information about the benefits of copyright registration, the copyright registration process, or the options available for enforcing your copyrights in the United States or abroad, we encourage you to get in touch. To speak with a copyright attorney at our Miami law offices, please call 305-341-3000 or tell us how we can help online today.