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Copyright Law and Pheil Law Firm
PHEIL LAW FIRM offers legal services for its
corporate and business clients from formation to
dissolution, handling all of the various legal
issues that a corporation can face over its
existence.
According to the copyright laws of the United
States, a person has a “common law” copyright to a
creative expression once it has been expressed in a
“fixed medium.” However, should a person require a
copyright registration because he/she wishes to
secure protection prior to marketing the song,
transcript, computer software, or any other such
creative expression, Pheil Law Firm will be able to
complete the task. Whether your creative expression
is a literary work, visual art, performing art,
sound recording, web design, or anything in between,
Pheil Law Firm offers expert copyright registration
services.
Advantages of Copyright Registration: A
registered copyright evidences the date of creation
and places others on notice as to your rights to the
creation. A copyright filed today will last the
creator's lifetime plus 70 years, of if a "work for
hire," the copyright lasts 95 years from publication
or 120 years from creation, whichever is shorter.
What can be protected by copyright law?
A copyright protects you from having others
reproduce your original work, whether or not it is
published. It applies to all kinds of original
expression, including the following: poetry, movies,
plays, musicals, music, lyrics, dances, pantomimes,
computer software, maps, architecture, art,
sculpture, photography, video recordings of any
kind, sound recordings of any kind, original works
of any kind that appear on your website (see below),
free software and freeware.
Even your favorite recipes can be copyrighted as
long as they are part of a "literary expression"
that includes directions and explanations, or when
the recipes are compiled in a book
The key words are "original" and "expression." An
expression means a written, recorded or otherwise
tangible representation of the idea. For instance,
if a student stands in front of a class and gives a
presentation off the top of his head, that is not
copyrighted. But if that presentation is recorded in
some way, that recording could be copyrighted. If a
dancer performs before an audience, that is also not
copyrighted. But the written notes, directions and
choreography that went into producing that dance can
be copyrighted, as well as any recording of that
dance, including photographs.
We can obtain copyrights for computer programs,
including computer software, web page designs, and
screen displays, as well as submitting revisions to
previously published materials. Additionally, we
can prepare copyright licensing contracts and can
tailor a contract to your particular needs.
For those individuals in the creative field, United
States copyright applications should be submitted at
least every three (3) months in order to preserve
rights to new creations. For instance, if a web page
is updated with new graphics or text, it is
advisable to submit a derivative work copyright
application within three months of those updates.
Without such filings, you will be deprived of your
statutory rights. These rights include statutory
damages (up to $150,000 for each intentional
infringement of some types of copyrighted material)
and attorneys’ fees. Most importantly, you must have
a copyright registration in order to pursue a legal
claim and such a registration shifts the burden to
the opposing party for showing ownership of a
disputed creation.
Maintain control of your work.
If you do not protect your creation with a
registered copyright and someone else passes off the
work as their own, the burden of proof falls on you
to show you created the work or that you were the
first person to create a work. The simplest way to
protect your rights is to register your to the
original expression, the rights to all copies of the
expression, the rights to all derivative works based
on the original work, the rights to all distribution
of the copies, the rights to perform the work
publicly (in the case of musical, dramatic,
choreographic works, motion pictures and audiovisual
works), and the rights to digital audio transmission
(in the case of sound recordings).
In order to obtain the maximum benefits from the
Copyright statute, you must file a copyright
application prior to publication ( offering
the work for sale, or by rental, or by lending it to
the public) or within three (3) months of
publication.
We can make it easy for you.
The attorneys at Pheil Law Firm will advise you as
to the best methods for protecting your creative
expression, review all materials and obtain all
pertinent information prior to preparing and
submitting your copyright application.
Once a copyright is obtained, we can assist in
protecting your rights, as well as preparing
agreements allowing others to use or market your
expression.
A United States copyright does not automatically
give you "international copyright" whereby your
expression is protected throughout the world. There
are many countries that offer protection to foreign
works through international copyright treaties and
conventions. Pheil Law Firm can provide you with
invaluable advice in choosing the proper markets for
your copyrighted works and getting you the most
protection available throughout the world.
TRADEMARK LAW
A trademark / service mark protects words, logos,
phrases or the combination thereof which are
specifically associated with goods or services.
There are federal, state and foreign trademarks. You
may obtain a federal trademark if you are currently
using or intend to use your mark in interstate or
interlatta commerce (i.e. commerce that which
congress may control). State trademarks are
available in each state and are a good option if you
do not intend to cross state lines with your
business. Foreign marks are important if you intend
to provide your goods or services in other
countries. There are of course many countries and
the rules in each one of those countries differ,
however the use of the Community trademark (covers
EU countries) or the Benelux mark (covers Belgium ,
the Netherlands , and Luxembourg) are both good ways
to obtain a lot of coverage without having to file
in each country.
Your mark, the brand name or design logo associated
with your product or service, is the symbol of your
hard work, the symbol of the quality of your product
or service, the symbol of your skill. Your mark
enhances the value of your product and service.
Specifically, a trademark is the brand name that
appears on your product so that consumers can easily
identify your product from those of your competitor.
If you or your company offers services the brand is
referred to as a service mark. You can also acquire
rights to 1) A unique overall appearance of the
interior layout and design style of a restaurant, 2)
A unique, non-functional design of the packaging
used for your product, 3) The unique color of your
product if consumers associate that color only with
your product, 4) and A unique sound that is used in
used in connection with your product or service. You
can register word marks, design marks (logos),
slogans, or a combination of these elements. We can
also assist you in registering collective trademarks
and service marks, collective membership marks and
certification marks.
Don't wait until
there's a problem.
Pheil Law Firm recommends registering your mark as
soon as you have chosen an appropriate brand name or
design mark (logo). The process begins with a
comprehensive screening search in various online
databases, including the United States Patent and
Trademark Office database, to make sure someone else
hasn't already applied for or registered the mark
you wish to use and register.
While discovering that your mark is already in use
is disappointing, it's also a very good way to avoid
a potentially expensive legal action. You don't want
to invest substantial sums and build a successful
business and then learn that you have to change your
brand name, your logo, or you slogan. Additionally,
you don’t want the expense of defending an
infringement action or paying out money to someone
else because you are using a mark that is
confusingly similar to his or her mark.
CALL US TODAY 888-404-4529 OR VISIT OUR SECURE
VIRTUAL LAW OFFICE
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