Getting a Copyright

Getting a Copyright In Arizona, Nevada and the United States in General

The Copyright Process: From Idea to Registration

Getting a copyright for your creative work is an essential step in protecting your intellectual property.

The process starts with understanding what can be copyrighted. Generally, any original work fixed in a tangible medium of expression can be copyrighted. This includes literary works, such as books and articles, artistic works like paintings and sculptures, musical compositions, films, and even software code.

However, ideas, facts, and methods themselves are not copyrightable, only the expression of those ideas is.

To begin the process of getting a copyright, you first need to create the work. Once you’ve created it, copyright protection is automatic in Arizona, Nevada and the rest of the United Statesfrom the moment the work is created and fixed in a tangible form.

However, registering your copyright with the appropriate government office, such as the United States Copyright Office, provides additional benefits, such as the ability to sue for statutory damages and attorney’s fees in case of infringement.

To register, you typically need to fill out a copyright application form, pay a fee, and submit a copy of your work.

While it is certainly ‘possible’ to navigate the copyright registration process on your own, there are significant advantages to using a copyright lawyer like Farley Weiss of our own Weiss IP Law in Scottsdale, near Phoenix, Arizona.

Our copyright lawyers can provide expert guidance on the complexities of copyright law, ensuring that your rights are fully protected.

We can also advise you on the best strategies for enforcing your copyright and defending against infringement claims.

Additionally, if legal disputes arise, our attorneys can represent you in court, saving you time, stress, and potentially substantial financial losses.

Overall, hiring a copyright lawyer can provide you with peace of mind and confidence in the protection of your creative work.

Weiss & Moy, P.C. was established in Scottsdale, Arizona in 1976 by Harry Weiss, a former senior patent attorney at IBM. Today, Weiss & Moy, P.C. is a full-service intellectual property law firm that provides a comprehensive offering of intellectual property legal services, including advice, prosecution, registration, pre-litigation, and litigation services relating to patents, trademarks, copyrights, and trade secrets.

Fees

Since our founding in 1976, Weiss & Moy, P.C. of Scottsdale, Arizona has billed for its copyright services on a flat-fee basis so that our clients know exactly how much it will cost to protect their names and logos. While many lawyers bill for their services on a per-hour basis, Weiss & Moy, P.C. attorneys give you a binding quote for our work at the beginning, so you know exactly what you are getting into. Our flat-fee billing structure allows you to budget for legal expenses in the same way that you might budget for research and development, marketing, or other costs. For copyright litigation, Weiss & Moy, P.C. offers low hourly rates for advising on whether or not to sue, prosecuting or defending civil litigation cases, and negotiating pre-litigation settlements.

Foreign Patents

Weiss & Moy, P.C. is able to offer the filing of patent applications in virtually every industrialized country in the world. Our foreign patent service gives clients the convenience of one-stop shopping when it comes to obtaining global patent protection. Instead of dealing with multiple law firms located in different countries, you need only contact Weiss & Moy, P.C. and our network of foreign associates can handle the rest. At Weiss & Moy, P.C., we will help you navigate through the complications of filing for foreign patent protection in order to successfully meet the requirements of your global patent strategy.

Copyright Basics

Fair Use

The “Fair Use” doctrine is the largest and most well-known exception to the general rule that the copyright owner holds the rights of reproduction, adaptation, public distribution, public performance and public display. The reproduction of copyrighted works without the owner’s permission may be legal or “fair” if it meets certain criteria.

The attorneys at Weiss & Moy, P.C. can help you determine whether or not the fair use doctrine can be applied to your situation.

A federally registered copyright is granted by the United States Copyright Office. Once federally registered, it allows the owner to file suit for infringement and qualify for statutory damages.

Why obtain a federally registered copyright?

Without registering your copyright you cannot sue anyone for copyright infringement. Moreover, if you wait until someone else infringes before registering, you will typically not be able to obtain statutory damages.

Filing An Application

The attorneys at Weiss & Moy, P.C. will advise you as to the appropriate type of specimen to submit with your copyright application.

At Weiss & Moy, P.C., we recognize the importance of moving quickly to secure your rights. For this reason, we are often able to prepare the copyright registration paperwork for filing with the United States Copyright Office within one to two business days.

Infringement Analysis

The intellectual property attorneys at Weiss & Moy, P.C. are able to perform a copyright infringement analysis by comparing your creative works with the works of another. We will advise you if there is enough “substantial copying” to qualify for infringement. In addition, we can determine if someone’s use falls under the “fair use” exception to the U.S. Copyright Laws.

Intellectual Property Litigation

The attorneys at Weiss & Moy, P.C. have substantial experience in various types of intellectual property litigation in multiple district courts throughout the country involving such diverse areas as software, apparel, computer databases, and other copyrightable works. Copyright litigation is a highly specialized area of law. Weiss & Moy, P.C. can guide you through the complexities of litigation in order to protect your intellectual property interests.