Copyright Infringement VS Registered Trademark, Fair Use Copyrighted Material & More

When a person creates a unique piece of work from their own vision and ideas, many will seek to protect it from being credited to someone else. In this scenario the person will protect their creation by placing it under copyright laws. Artists, musicians and many businesses will safeguard their brand assets through copyrighting their business label, catch phrase, logos and name. Kajioka & Associates Attorneys At Law will share a brief guide that can help identify copyright infringement and avoid a legal battle down the road.

Copyright VS Registered Trademark

For those who are starting a business often they are not familiar with business laws and unintentionally violate certain laws, one of the most common is copyright infringement. Under the Title 17 of the United States Code is set in place to govern copyright laws and issues. Once a work piece has been qualified for copyright protect under federal law, the work no longer can be used or reproduced. However, some things cannot be copyrighted for example typography, contents lists, processes or procedures, symbols, work of public domains, and common property such as charts and calendars. Surprisingly, names and slogans cannot be copyrighted, but instead they need to be registered as a trademark. Often many people will confuse copyright laws with trademarks which is why it is encouraged to seek the aid of a business attorney to either avoid copyright infringement or if you wish to protect your own thoughts, designs or piece of works.

US Copyright Office

Common law grants that all published work is immediately protected by copyright laws. However, common law for copyrights do not protect federally registered copyright with the United States Copyright Office. This means in order to file a lawsuit for copyright infringement the piece of work must have the federal registration on file. For those who had a federally registered copyright and your work was infringed you must be able to prove the person who committed the infringement and how they had access to your work.

Examples of Fair Use Copyrighted Material

Since creative work is infinite sometime copyright and free expression and collide. There is a “Fair Use” of copyright material doctrine that allows in certain cases without license or permission. In these cases they may included research, education, news, and parodies. Here are some factors that may be considered Fair Use of copyright material.
Purpose and Character for Use: In many cases court will allow the use of copyright material by non-commercial entities.
Nature of the Work: A copyright piece of work may be copy or altered to a certain extent. Due through creative expression another work may be use as inspiration. As long as the copyright piece wasn’t reproduced in its entirety in most cases it falls under Fair Use.
How it Effects the Original: If the altered reproduction of the copyrighted piece does harm to the original work in this case the Fair Use law may not be granted.

Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada

If your business has been violated by copyright infringement or you wish to avoid illegal use of material and need the aid of a knowledgeable business attorney then contact Kajioka & Associates Attorneys At Law today.

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