Copyrights
The Right Choice
Petock & Petock, LLC has substantial experience in the copyright field, including advising regarding copyright matters, licensing, negotiating agreements, procuring copyright registrations and litigating and enforcing and defending copyright rights. We regularly advise clients on all types of issues with respect to copyright matters including everything from ownership to fair use or infringement. We strive to ensure that our clients are the owners of copyright rights in works made under various arrangements, including those made under contract. The firm regularly registers copyrights for clients on all types of works including everything from art and music to computer programs to product labels.
Petock & Petock regularly negotiates various copyright agreements which often involve other issues such as publishing contracts related to the transaction. The firm also drafts various types of agreements related to copyrights, including licensing agreements.
We also have substantial experience representing clients in copyright infringement matters in the Courts.
Copyright Primer:
Copyright protection may be utilized to protect all of the writings of an author. Writings can include various forms of work other than text including artistic works such as sculptures, paintings and photography. Even computer programs are protectable by copyright as the writings of an author.
The term of a copyright is the life of the author plus 70 years in the case of an individual. In the case of a corporation, the term of copyright is 75 years.
Although a copyright notice is not technically required to avoid a waiver of copyright rights, it is recommended that the copyright notice be placed on any work to be published or otherwise disseminated. It is also recommended that the copyright in any work of any substantial value be registered promptly. Certain additional remedies and advantages flow from the registration of a copyright, particularly where such a copyright is registered prior to copying by an infringer. Such rights include the right to recover damages provided by statute where proof of actual damages may be difficult. Other advantages include the ability to recover attorney fees as the prevailing party.
