Copyright and Trademark Protection Services

Contact Walsh Law PLLC for your COPYRIGHT and TRADEMARK needs. We will register your creative work with the U.S.P.T.O. and can even help you publish it.

We recently procured the copyrights and published a hard copy and an e-book for author-client, Catherine Maurer, entitled In God’s Presence.  We also represented her in offering it for sale through Amazon Kindle Direct Publishing.  Find out about more about how this was accomplished at LawRefs™.

We rely on the law of copyright to protect your original expressions from unauthorized use by others. Copyright protection instantly applies to original works that have some creativity and are fixed in a tangible medium. This does not apply to any idea, procedure, process, system, method of operation, concept, principle or discovery. Furthermore, facts are not included except for the unique way in which they are expressed.

So what happens if you find someone has used your work? Look to the Copyright Act of 1976, Title 17, USC 100 et seq., the exclusive source of copyright law in the United States for works published after January 1, 1978.  Consider whether your work is sufficiently creative such that you are entitled to copyright protection. Make sure that the use is not permitted under an exception, such as the fair use doctrine. Exceptions can be found at Chapter One of Title 17, starting at §107.

Chapter Four § 411 requires that a work must be registered before its owner can even file a lawsuit. Therefore, consider whether you can get the action registered and timely filed within the three year statute of limitation. Importantly, really assess what your damages are and how you are going to prove them as you will not be allowed to be speculative. You are going to have to prove your damages in a court of law and may need to utilize an expert to do so. You will not be allowed to seek statutory damages or attorney fees caused by infringement occurring before you registered the work. § 412. Under Chapter 5, you will, however, be entitled to any actual damages and profits and you can prevent further infringement with an injunction.

Sometimes, you can settle a case easily with a letter from an attorney and other times, settlement may take a year or more.  Think about your situation.  Walsh Law PLLC can help you decide what to do.  Email us or drop us a line and we’ll give you our opinion for free.

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