The creator of a work eligible for copyright protection is vested with a number of exclusive rights when copyright protection arises. These exclusive rights include, among other things, the right to reproduce (copy), adapt, display, and publicly perform the work. Copyrights automatically arise to original works of authorship that are fixed in a tangible medium of expression. An original work of authorship is one that is independently created and includes some level of creativity. This may include literary works, drawings, paintings, sculptures, movies, music, video games, and other works of art. Copyright protection also applies to computer software. The U.S. Supreme Court has recently clarified that U.S. copyright registration is required before a federal infringement lawsuit may be commenced by a copyright holder. Further, When copyrights are registered prior to infringement (or within three months after publication of the work), a copyright owner becomes eligible for an award of statutory damages-which may be extremely valuable due to the difficulty in proving actual copyright infringement damages.
Philip A. Nicolosi assists businesses with identifying materials that are protectable by copyright, registering copyrightable works with the United States Copyright Office, and counseling clients in the various ways in which copyrights may be acquired, protected, and exploited.
Copyright Works Removal/Infringement
Our firm assists copyright holders remove their unauthorized creative works from websites and other online mediums. This my include Digital Millennium Copyright Act (DMCA) take-down requests or further steps to escalate efforts to remove our client’s content. We have assisted numerous clients with removing the unauthorized display of single works or multiple works, ranging from simple DMCA take-down requests to more complex investigation actions and working with appropriate litigation counsel where appropriate. This often includes investigating the identity of infringing website operators using privately registered domains and reverse proxy services masking the host provider. We have also worked closely with International law firms including Leydig Voit & Mayer Ltd. when our clients have required a presence in the European Union to help them enforce their copyrights abroad.
Philip A. Nicolosi and his staff possess the necessary experience and knowledge to effectively and efficiently help copyright holders protect their rights.
DMCA Designated Agent Services
The DMCA which is part of U.S. copyright law, provides a framework for online service providers for avoiding copyright infringement based on the acts of the online service provider’s users. Our law firm helps protect hundreds of businesses and website operators take advantage of the DMCA safe harbor by designating a third-party DMCA agent. Using a third-party agent means that take-down related communications are made through the contact information listed publicly for your designated agent. This avoids individual agent contact information from being displayed publicly. Designating a DMCA agent is required by law for safe-harbor immunity against claims of copyright infringement. Learn more about this service.