Copyright protects original works of authorship, including literary works (which includes computer programs), dramatic, musical (including lyrics), artistic (including pictorial, graphic, and sculptural works), motion pictures and other audiovisual works, sound recordings, architectural works, compilations, collective works, and derivative works. A copyright gives its owner the exclusive right to reproduce the work, sell or distribute the work, make derivatives based upon it,
Minnesota Copyright Attorney
Competing for market share is a tough proposition in today’s business environment. A company needs strong ideas to provide a successful product or service, and of course the capital to back it up – but in today’s market, that’s not enough. A business must also stand out, offering something different that no one else can provide. A company’s unique difference might exist in the form of an invention, a business process, a product design, a catchy slogan, a written manual, a product name, or even a customer list.
Dedicated Legal Service for Minnesota Clients
At Thompson Hall Santi Cerny & Dooley, we have experience in registering and enforcing copyrights both domestically and abroad. Our dedicated staff is trained on electronically filing copyright applications and depositing works with the United States Copyright Office.
We have experience in handling a wide range of copyright issues including negotiating contracts on behalf of authors, software licensing, and the like. We are experienced in dealing with publishing companies, and we know how to handle visual artist rights. We can put together a team of attorneys to help enforce your copyrights.
At Thompson Hall Santi Cerny & Dooley we understand the importance of your copyrights, and that is why our attorneys and staff are dedicated to make your copyrighted works untouchable.
What does copyright protect?
The Copyright Act of 1976 protects creative expression: literary, dramatic, and musical works; pantomimes and dance; pictorial, graphic, and sculptural works; audio-visual works; sound recordings; and architectural works. Essentially, any original “expression” is eligible for copyright protection as soon as it is fixed in a tangible form.
In many respects, copyrights are the most flexible form of intellectual property protection, covering works from books and music to computer programs and product labels. For that reason, copyright law is often misunderstood and misapplied, creating problems both for the owner of the copyright and the party who may have infringed on it. We can help you understand the ins and outs of copyright protection, so you can decide when and how to apply it – and when and how to defend it.
Thompson Hall Santi Cerny & Dooley Copyright Attorney Services
Our firm can provide counseling and a legal framework for copyright transactions, including acquisition and protection of copyrighted material, negotiating and drafting agreements covering the development, transfer and licensing of copyrighted works, preparing and prosecuting applications for copyright registration, and counseling on enforcement and licensing.
It is important for both you and your attorney to keep the proprietary information about your idea confidential and we agree to do so. We will disclose your information only to those persons necessary for the purpose of providing our services to you. Our reputation and licenses to practice law depend on it.
If you have further questions on your copyright or intellectual property matter, please contact Thompson Hall Santi Cerny & Dooley.
Copyrights: Frequently Asked Questions
A copyright grants the creator of an original work in a fixed tangible medium of expression exclusive rights to the work’s distribution, generally for a limited time. The original works protected include: literary works musical works, including any accompanying words dramatic works, including any accompanying music pantomimes and choreographic works pictorial, graphic, and sculptural works
Are Similar-Sounding Songs Copyright Infringement?
The “Blurred Lines” Copyright Lawsuit Heads to Trial In a rare move these days, the trial between Robin Thicke, Pharrell Williams, Clifford Harris Jr. (better known as rapper “T.I.”) and Marvin Gaye’s family has begun. Marvin Gaye’s children, Nona, Frankie and Marvin III allege in the copyright infringement case that the song “Blurred Lines” directly
Copyrights: Exclusive Right to Reproduce the Work
Under the Copyright Act of 1976 there are exclusive rights provided to the owner of a copyright. The owner of the copyright has the exclusive right to the following: To prepare derivative works based upon the copyrighted work; To distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer
Determining Ownership of Copyright
The general rule is that a work’s creator initially owns the copyright of the work created. But there are exceptions to this rule. Some of the exceptions to this rule are: Work created by an employee in the scope of their employment. The work created is owned by the employer. If an independent contractor creates
Copyright Fair Use
After a plaintiff has been able to prove copyright infringement a defendant can allege a number of defenses, including fair use. A defense of fair use is not alleging that an infringement did not occur, but rather that the infringement is excusable. The defense of fair use allows courts some flexibility to assess matters on
Copyright Law Generally
Copyright law provides authors rights for their works. The authority that gives Congress authors exclusive rights to their work comes from the Constitution. Article I, Section 8, Clause 8, known as the “copyright clause” empowers the United States Congress to “promote the Progress of Science and useful Arts, by securing for limited Times to Authors
The Law of Undeveloped Ideas
You have a great idea for something at work—something that would save the company a lot of money. You bring it to the head of the company who loves the idea and implements it. But, the company refuses to compensate you for it. Or, you have an idea for an advertising slogan for a certain
When is Trademark and Copyright Use Considered Fair Use?
The notion of fair use is something that every person or party with a trademark or copyright should be aware of. While having a trademark and a copyright exists to provide protection so the person who owns that trademark or copyright can protect it, there are instances where a third party may use the trademark
Copyright Basics: What Can Be Copyrighted in Minnesota?
Copyrights protect creative works. A copyright gives the owner of the copyright exclusive rights to reproduce, distribute, perform, or display the copyrighted work. A copyright also gives the owner of the copyright the exclusive rights to create a derivative work. A derivative work is a work that is based on the copyrighted work. Creative works
R & D Film 1, LLC files Copyright Infringement Lawsuit against 41 John Does in Western District of Washington
On January 8, 2013, R&D Film 1, LLC filed a two-count Complaint attempting to allege Direct Copyright Infringement and Contributory Copyright Infringement involving the motion picture "the Divide" against 41 John Doe Defendants. The case is pending in the United States District Court for the Western District Court of Washington and has been assigned case
Zambezia Film Ltd. files Copyright Infringement Lawsuit against 51 John Does in Western District of Washington
On March 5, 2013, Zambezia Film Ltd. filed a two-count Amended Complaint attempting to allege Direct Copyright Infringement and Contributory Copyright Infringement involving the motion picture "Adventures in Zambezia" against 51 John Doe Defendants. The case is pending in the United States District Court for the Western District Court of Washington and has been assigned
Is 7 Second TV Clip Fair Use or Copyright Infringement?
The Ninth Circuit Court of Appeals has ruled that the producers of the hit play, Jersey Boys, chronicling the rise to stardom of the musical act, “The Four Seasons,” did not infringe upon the rights of the copyright owner to The Ed Sullivan Show. SOFA Entertainment, Inc. v. Dodger Productions, Inc. and Dodgers Theatricals, Ltd.,
Fair Use of Copyright Material Online
Along with the previously discussed alternatives for avoiding or limiting liability for infringement (see discussion of licensing in this post on Safe Harbors for On-Line Service Providers) there is the doctrine of fair use.
Use of Licensing: Licensing Out Work in MN
The exclusive rights held by the copyright owner can be licensed to other parties. This license provides the user with permission to use the copyrighted work without infringing the copyright. Therefore, it is essential that any on-line business that makes considerable use of ...
Database Copyright Protection
Although there have been many recent attempts to increase copyright protection for databases in the United States, Congress has yet to find a solution that would allow protection beyond the mere selection and arrangement of the work without providing the copyright owner with a monopoly in the information contained in the database.
Website and Data Not Copyright Infringement
A Florida court found no copyright infringement when a competitor website used an Internet “spider’’ software program to extract and copy information from a competitor’s website. The court determined that the extraction of what were deemed facts and their copying constituted fair use.
Copyright Law: Copyrighted Materials On The Internet
If you transmit images via the Internet or allow for such transmission, you may also be considered a publisher of copyrighted material. As noted above, many different types of materials may be protected by copyright, including audiovisual works, musical compositions, sound recordings, visual art, photographs, graphics...
Copyright Law: Obtaining Copyright Protection
Copyright protection attaches immediately when the work is established in a fixed form. To obtain copyright protection you need not register or submit an application. There are, however, significant advantages to federal registration, which may warrant the copyright owner’s pursuit and compliance with...
Copyright Law: Generally Copyrightable Subject Matter
The Constitution of the United States provides Congress with the power to grant authors and inventors the exclusive right to their respective writings and discoveries as necessary to promote the progress of science and useful arts.