Generally speaking, the United States Copyright Law grants monopoly protection for original works of authorship. But if you are seeking a copyright for your original work or wishing to use an already copyrighted work, you must understand more about the law than this before proceeding. That is, you must be able to easily distinguish between the myths thrown around from the facts of the matter. Without further ado, please read on to discover the most common misconceptions of copyright law and how a seasoned New Jersey copyright lawyer at The Ingber Law Firm can educate you on what you need to know.
What are the most common misconceptions regarding copyright law?
To reiterate, a copyright protects original works of authorship. Such works may include literary (i.e., books), musical (i.e., written songs), dramatic (i.e., musicals), pictorial (i.e., graphic designs), audiovisual (i.e., movies), and architectural works (i.e., building designs); along with sound recordings (i.e., music recordings), derivate works (i.e., works based on original works), and compilations (i.e., combinations of original works). With that said, a common misconception is that this protection extends to ideas, as well. Rather, it does not prevent third parties from independently forming these same ideas, but only when you officially express these ideas through literature, music, drama, or otherwise.
On that note, another misunderstanding is that once a piece of copyrighted material is published on the Internet, it is fair game for anyone to use, repurpose, and share. It is also untrue that you do not need permission from the author to modify their copyrighted work and display and distribute it as your own. In either of these scenarios, you are required to obtain the author’s explicit permission before all else. Such permission is typically granted through a legally binding licensing agreement which you both must sign.
Under what circumstances would I need to hire a copyright lawyer?
Last but not least, a general misconception that we must clarify for you is that it is easy to protect your copyrighted material without an intellectual property lawyer. On the contrary, intellectual property laws are rather complex, and the process of filing a copyright infringement claim requires a lot of steps and paperwork. So, you may save a lot of time, money, and energy, and overall improve your chances at a successful claim, if you simply hire a legal representative from the beginning.
What’s more, you may assume that you only require an intellectual property lawyer if you are preparing for a legal battle. However, a lawyer may also work to guide you through the initial copyright registration process. Or, if you are looking to use another author’s copyrighted material through a license, they may help you negotiate a fair contract. Ultimately, they may steer you clear of any potential legal troubles, whether it has to do with your copyright or someone else’s.
All of this to say, the time to act is now. Please pick up the phone or message us at The Ingber Law Firm. Surely, a competent Essex County, New Jersey intellectual property lawyer on our team will be the perfect fit for your upcoming legal case.