On behalf of Kaufhold & Dix Patent Law posted in Patent Law on Thursday, September 13, 2018.
Creative expression is a unique feature of what it means to be human and government recognizes the value that expression delivers to society through intellectual property law. Obtaining a copyright from the U.S. Patent and Trademark Office is clear recognition of a work’s originality and that the holder has the right to derive the monetary benefit from that work.
Registering your work and maximizing protection of your interests depends on meeting the requirements set by the USPTO, including:
Copyright is not always absolute
These steps provide you with the greatest amount of protection possible, and working with an experienced attorney is beneficial to see they are carried out. But it is useful to understand that each instance of apparent copyright infringement does not necessarily amount to a viable claim for recovery. That’s because of the gray area created by the so-called fair use doctrine.
Under IP law, others have the freedom to use elements of a work without the copyright holder’s permission and defend against an infringement claim by showing the work fits under one of four factors.
These are not hard and fast rules. Nor are they the only ones a court might choose to apply. Judge’s enjoy great discretion in making infringement determinations. Because of this and the cost of pursuing claims in court, it’s wise to have the help of skilled counsel to ensure adequate defense of a copyright.
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