Copyright Infringement and Its Consequences

The author or creator of every original work that is tangible in nature has every right over his project. If this work is reproduced, altered, exhibited, broadcasted or made public in other way without the consent of the owner, it is considered violation of the legal and moral rights of the author. It is best to register your work with the United States Copyright Office which asserts the owner's rights under the Copyright Act and makes it public without revealing the actual identity of the author or the detailed content of the project. But authorization discourages plagiarism to some extent.

If a case of infringement of copyright occurs, an encroachment application must be filed with the federal court. The judge can order a permanent prohibition on the offending person or entity otherwise if the infringement case is a complicated one and requires time, a temporary injunction is ordered by the court to keep away any further cases of corruption till the decision is pending.

At any point in an infringement case, the contents of the alleged work can be seized by the court. If the court gets proof of the infringement, all the illegal copies are seized by the Law Enforcement Agents and then destroyed. The original work is also kept in custody which is liable of unlawful reproduction.

If the copyright holder has registered his work with the United States Copyright Office prior to the infringement, he can claim charges for lost sales and profit due to plagiarism. Legal fines can also be recovered ranging from $250 to $150,000. This amount can also be bigger depending on the circumstances and popularity of the violated work

Plagiarism is also when an author's work is reproduced for profit. If the project that has been copied had a worth around or more than one thousand dollars, the guilty is awarded a punishment of one year in jail along with the payment of fine decided upon by the court. If the infringed work had a worth of more than two thousand five hundred dollars, the guilty is sent to jail for five years and fine, decided by the court is paid.

Copyright violation of bigger projects is definitely a far greater issue than that of smaller and less popular projects, but morally it is wrong both ways. If the problem is not snubbed right at the beginning, it creates greater disasters with the passage of time.

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Copyrighting a Website

When a piece of work is brought into a tangible form, it automatically acquires copyright protection. It is still a good idea to preserve each document with time, date and some official stamp. If ever this record has to be reproduced to challenge infringement, this data will be very helpful in influencing the decision in the owner's favour. Like any other form of work such as art, design, music, film, drama or research work, creating a new website also needs good planning and preservation to avoid plagiarism.

When creating a new website, it is desirable to attain and place a copyright notice on your website so as to announce your ownership towards any work that is displayed here from time to time. Such projects generally take quite some time especially if you design it yourself, without any professional help. It is preferable to keep a track of drafts and alterations with dates so no charges of infringement can come upon. Some authors post a copy of their work to themselves at every step. Not every piece is perfect the very first time, any changes or developments to a page or even a single element must be in record. Mailing this data to yourself is a further proof of when and where the composition originated. This method is called "poor man's copyright".

When working on the protection of your website from plagiarism, you must also be careful of the copyright of others' work. Even if you use someone else's work for inspiration, you must seek permission before you prove fit for a charge of violation yourself.

For authenticity, the work may also be registered with the USPTO. But, as this service is quite expensive, another third party can come to assistance. They may be a Solicitor, a Notary or an Escrow Service. This is sometimes necessary because the poor man's copy" has certain limitations therefore, its credibility is often challenged by professionals.

Though there are other options available, USPTO is taken to be the highest grade of authenticity. The US Copyright Office assures displaying your copyright certificate on all public forums to assert your ownership. A treaty called Berne Convention has been signed by certain other countries accepting copyright owner in US to hold the same rights in their countries too.

An application should be filed for copyright. The list of items to be protected must be stated as more than one copyright may apply in certain cases. For instance, a song has two parts: the instrumental is copyrighted as musical work and the lyrics as literary work.

Any changes that occur in the website with time should also be saved in this copyright record.

Sometimes copyright does not provide you a complete possession of your website as ideas, translation in foreign languages, domain names, titles, names and slogans, except in certain circumstances, are not fit for the policy.

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Copyright Registration Is Not A Pre Condition To Protection

Contrary to the near-indefatigable lay assumption that entertainment attorneys like myself hear all the time, one is not required to register a copyright in one's work with the U.S. Copyright Office (USCO) at the Library of Congress in Washington, D.C. (or elsewhere) as a condition precedent for U.S. copyright protection. In other words, the New York-based author in Chelsea, for example, already has copyright protection in his or her finished original work of authorship, under U.S. federal law, just as soon as the work is reduced to a tangible medium of expression in New York. That copyright protection is automatic, and inheres in the Chelsea-situate New York author immediately, his or her entertainment lawyer will opine.

Therefore, when the New York entertainment attorney hears the Chelsea-based New York writer saying "I 'copyrighted' my novel by registering it with the Library of Congress and the Copyright Office in Washington, D.C.", the writer is usually operating under a mistaken set of geographic and legal assumptions. It is incumbent upon entertainment lawyers to correct those assumptions. This one is a particularly difficult myth to explode - because members of Congress, those that write and edit case law, and a few jurisprudential scholars have been known to use "copyrighted" as a verb form, too. When I hear it, it sounds to me like nails on a chalkboard.

So, "No", the New York entertainment attorney replies to the New York writer in Chelsea, "you already had automatic copyright protection in your work as soon as you wrote down the text - as soon as you reduced your vision to a 'tangible medium of expression'. Your act of mailing it from a post office on Manhattan's West Side in New York City, to Washington D.C., isn't what engendered the copyright. Rather, your prior act of crystallizing it in a tangible medium here in downtown West Side New York - pen to paper, or keystroke to hard-drive - is what caused the copyright in your work to be born. The New York entertainment attorney then explains that the phrases and verb forms "to copyright" or "I copyrighted" should probably be avoided outright - certainly avoided as synonyms for "registration" or "filing" - specifically to prevent that kind of lay confusion. After all, if the Chelsea screenwriter in New York "copyrighted"[sic] his or her work only by mailing it to Washington D.C. on Friday morning, then that would imply that no copyright yet existed in the work when he or she completed the final draft, hit the "Save" button on his keyboard, and printed it out in hard-copy form in his or her Chelsea home office in Manhattan on the Thursday evening prior - and that conclusion would be legally incorrect. In that fact pattern, the entertainment lawyer opines, the copyright existed and the screenwriter owned it as of Thursday evening based upon the events that happened in downtown West Side New York.

The process of U.S. copyright registration is just an after-occurring formality, though it is one which entertainment attorneys (from New York, and yes, even elsewhere in places like Hollywood) handle for their clients often. In other words, the work is already copyright-protected prior to one's mailed submission of the work from New York or any other city, to the U.S. Copyright Office and Library of Congress in Washington, D.C. Yes, U.S. copyright registration does thereafter provide certain advantages over unregistered works, as your entertainment lawyer will tell you. But copyright registration is not itself a pre-requisite for copyright protection. The copyright protection exists first. The copyright filing comes second.

After all, the USCO form specifically asks the filer when - in what year - his or her work was completed. You could in theory file in 2011 for a 2006-completed work. In that case, the copyright would have existed as of 2006.

Under the U.S. Copyright Act, (which can be found at various locations on the Internet, at 17 United States Code [U.S.C.] Section 101 and following), the author of an original and otherwise-protectable work automatically possesses a copyright in that work as soon as the work is reduced to a "tangible medium of expression". No later.

The New York choreographer on Manhattan's West Side improvises a new set of dance steps for her students - fleeting, in the air - but owns no copyright in these movements or their performance or rendition. However, the moment she writes down the original dance steps using a detailed graphic chart, or videotapes herself performing them in her New York studio - perhaps at her entertainment lawyer's suggestion - she may then have a chance to claim some copyright-protected work. The key, again, is the work's reduction to a fixed medium. In fact, she may own the copyright in that material without ever interacting with Washington, D.C. - even though her entertainment attorney will tell her that it sure would be a good idea to thereafter mail a filing to D.C. if the original work of authorship is perceived to have any economic or other long-term value.

And this makes sense. Look at it from the perspective of copyright enforcement - from the perspective of the New York entertainment attorney litigator trying to prove or disprove copyright infringement in a court of law downtown at 500 Pearl Street. How difficult would the job be of a federal judge or jury in a U.S. copyright infringement litigation in the Southern or Eastern Districts of New York, or that of a U.S. Copyright Office Examiner in Washington, D.C., if the U.S. Congress allowed all of us to claim copyright in the inchoate and evanescent? The courts in New York and indeed nationwide would be inundated with strike suits and other spurious copyright claims, perhaps more often brought by pro se litigants rather than their entertainment lawyers if any. Therefore, Congress doesn't let us get away with it. Congress requires reduction to a "tangible medium of expression" as a pre-condition for copyright protection. But no, Congress does not require copyright registration as a pre-condition to copyright ownership itself - rather, copyright registration at or around the time of creation is discretionary with the copyright owner. Congress only requires copyright registration as a pre-condition to filing a lawsuit for copyright infringement - something that your entertainment lawyer litigator won't miss when reviewing the statute pre-filing of the federal court lawsuit.

Yes, your entertainment attorney will tell you that after-occurring copyright registration of a work does provide certain strategic advantages, relative to unregistered works. Copyright registration notifies those of us in New York, and in California, the U.S., and the rest of the world, at least constructively, that the copyright claimant thinks he or she owns the copyright in that registered work. Practically speaking, copyright registration creates a likelihood that another company including its own entertainment attorney performing a copyright search, will "pick up" (i.e., see, or notice) the previously-registered work, when that company or its entertainment lawyer counsel later conduct a thorough professional (or for that matter even a cursory and informal) ocular copyright search of the public records of the Washington, D.C.-based U.S. Copyright Office. Most film studios and their entertainment attorneys perform thorough copyright searches as a matter of course, for example, before optioning an author's literary work.

As discussed above, whether you live in New York, Los Angeles, or elsewhere, copyright registration with the U.S. Copyright Office in the Library of Congress in Washington D.C. is also a necessary precursor to your entertainment attorney litigator bringing a copyright infringement litigation in a U.S. federal court. For this reason, in practice, individuals and companies and their entertainment lawyers have been occasionally known to register their copyrights days - or even hours, paying an emergency rush filing fee using a New York-to-D.C. Fed Ex - before they sue for copyright infringement in federal court. Of course, the entertainment lawyer will tell you that it is better to register the work at an earlier stage than that. Filing a copyright infringement litigation predicated upon a USCO copyright registration in turn allows for the entertainment attorney litigator to recover certain types of damages afforded by the U.S. Copyright Act, such as "statutory" damages, and plaintiffs' attorneys fees. These types of damages would not be availing to the copyright plaintiff if his or her entertainment lawyer sued using a different common law theory. A copyright registration may also work advantages in terms of certain international copyright protections.

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This article is not intended to, and does not constitute, legal advice with respect to your particular situation and fact pattern. Do secure counsel promptly, if you see any legal issue looming on the horizon which may affect your career or your rights. What applies in one context, may not apply to the next one. Make sure that you seek individualized legal advice as to any important matter pertaining to your career or your rights generally.

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? John J. Tormey III, PLLC. All Rights Reserved.

My practice as a New York entertainment attorney includes copyright registration work in music, film, television, publishing, Internet, media, and all artistic fields. If you have questions about legal issues which affect your career, and require representation, please contact me:

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How Copyright Protection Works in the IPR and Entertainment Industry

Copyrights are the main types of IPRs that cater to the entertainment and publishing industries. The fact that these are big businesses, it is important that all those involved know how to generate, protect and manage these rights. This can only be done with the right IPR structure.

The issue of copyright and all the other intellectual property rights is not new. In entertainment and publishing business, it is a common to have great music and books copyrighted to protect the interests of the owner. The most common areas where copyright is used include copyrights for music, copyright for movies, copyright for drama, IPR for events and also copyright for live shows.

In any entertainment industry, there are different groups that benefit from this business. These are the big industry players and the small enterprises. All of these groups have in the recent years become victims of copyright violation. However, the enterprise that suffers the most is the small entertainment business. To be able to protect the smaller player, many governments have put in place mechanisms to help them protect their works of art. Nevertheless, even with these measures the individual artist is still not getting the best out of their work due to poor structured Intellectual Property Rights (IPR).

For many years, the bulk of taking care of an individual's rights has fallen heavily on the private individual. The fact that it takes a lot of management costs to monitor and enforce the rights, many authors, musicians and artists in the entertainment industry are not able to cope. Additionally, few have the self-determination and legal support to seek a more effective copyright protection.

This issue has become even more difficult to manage because of the new technologies being invented daily. There have been many cases of copyright violations online. The main problem with the internet is that it has opened a big opportunity for high time piracy. Additionally, it does cost a lot of money to monitor such a huge platform.

Even with all these depressing news for major player in the IPR and entertainment industry, there is still hope. It is possible to enforce copyright for music, copyright for drama, copyright for lyrics and copyright for live shows online.

The insurance industry has today taken up the task to offer copyright protection services. There are many insurance companies, which insure individual's work of art. Moreover, these services also cater to small enterprises in the entertainment industry. Fortunately, these services are offered at much cheaper prices, and the private individual is assured of some compensation in case of IPR violation.

For an individual in the entertainment industry to be able to enjoy his or her work, then the right IPR protection should be sought for. This include using copyrights protection or by insuring an individual's work. In the case of online IPR violation, there are programs underway to ensure that an Internet Service Provider (ISP) become liable to any kind of copyright abuse. These mechanisms will ensure that the provider is to control the occurrence of these abuses with the use of electronic filters. Additionally, they are to carry out any action against the illegal activities.

Ganesh R is the author of this article on IPR & Entertainment Industry.
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How to Copyright or Trademark Your Business

In my business consulting, I have found that a lot of people do not know the difference between copyright and trademark. They do not know how to copyright a logo, website, blog or business name. Or in using the actual term, TRADEMARK their business. I used 'copyright' in the title because most people confuse the two. However, as I researched this subject I found out some interesting things...

Copyright is actually not the same as a trademark. According to the U.S. Copyright Office, a copyright provides protection for original works in the realms of music, poetry, movies, literature, etc. In fact, copyright exists as soon as the publication exists. It is just advised to register your publication with the U.S. Copyright Office for legal purposes. Some people also like to publish the copyright facts on their publications and make sure there is a public record. Registration fees vary from $35 to $80. It cost more money to renew, get copies, or search copyright records. Believe it or not, people steal ideas so you want to make sure you are protected. And for a mere $35 at least, I'd say it's a good idea to make sure your writings are safe, LEGALLY.

Now to the good stuff. A trademark is what is used to protect patents, trademarks, and ideas. This is handled in the United States Patent and Trademark Office (USPTO). So, a business name, logo, or even business idea would fall under the trademark category. It is often confused with copyright but now you know the difference. The reason you would want to register for a trademark is to get legal use of a service mark (™, SM ,?) for your word, phrase, symbol, or design.

The benefits of getting the service mark is to protect your name. To keep people from stealing your ideas. Just like with copyright, if you claim ownership, you can use the ™ and SM symbols on your business name or logo at any time. But owning the federal trademark registration obviously has it's benefits legally. Some of which include, being able to defend your logo in federal courts, being listed in the USPTO database, and the use of the ? symbol. YES! You MUST be registered with the USPTO to use that symbol on your logos, etc. You cannot even use it if your application for registration is pending. So, there are great benefits to registering your business name and logo.

Now, keep in mind, the USPTO has the right to deny your registration application. Especially if there's a similar logo. So, you need to research and make sure your business name and logo are UNIQUE and fit federal regulations. When filing an application for trademark registration (or to get a service mark) you must file one application per category(class) you the need the service mark for. FOR EXAMPLE, if you need a service mark for a t-shirt logo AND for the store marquee, you must submit two applications. Application fees vary from $275-$325, depending on the type of application you submit.

I know it sounds a bit complex and confusing but registering your business name and logo are so worth the protection. Especially if you're an owner that offers services/goods, merchandiser, designer, or inventor that's about to BLOW UP! You can of course find out more and get an application at http://www.USPTO.gov

For help on a business plan and development contact us today!

Tamara Garrison-Thomas

http://www.garrisonprosperitysolutions.com

Illegally Downloading Movies - You Do the Crime, You Do the Time

Illegal movie downloads, most people know someone who has dabbled in it however not many people are aware of the legality and problems that may arise when downloading movies illegally online. With the vast amount of content that has been made freely available online it is no wonder why some people do experiment in downloading movies unknowing of the possible consequences. With almost 16.6 million people illegally downloading the hit movie Avatar in 2010 it shows you why the industry is desperate to halt and hopefully stop the steadily increasing stream of illegal downloads each year.

There is no other way to put it but illegally downloading movies is wrong, the clue is in the name and those that participate in this hobby are breaking the law. Downloading pirated movies is constituted as a criminal act which can lead to a variety of differing punishment for both the individual uploading the films onto file sharing web sites and for those downloading them onto their home PC. The punishments can range from large fines to imprisonment for the individuals who are downloading the films.

Fines are probably the most used method of punishment used by the movie industry to combat people who illegally download films. In April this year a group of 20,000 people were sued by a US based copyright group for illegally downloading films and they state that there were plans for another 30,000 people to also face the same action. New technology means that internet software can automatically track the users who download material on torrent sights and then flag those they suspect of illegal activity to the appropriate authority.

Although not as common as a hefty fine those that are found guilty can also end up doing some jail time. Serious offenders and repeat offenders have been known to serve a custodial sentence. More recently in Germany a new law is being discussed. It has been proposed that anyone found guilty of downloading a single illegal movie for personal use would face a prison sentence of two years. Anyone found guilty of downloading or copying films for commercial gain would face a sentence of 5 years. These are moves that the copyright and film industry are pressing for to be replicated in all leading countries. Once again you have to weigh up what you would rather do, spend a small amount of money to legally buy the movies from the legal sites or risk spending a lengthy spell behind bars?

In a more recent move by the larger film companies pressure has been placed on the Internet service providers to hand over the information of those who are downloading the films and a request to totally ban them from accessing the internet in future by blocking their IP address. Another new policy that is being implemented by many internet service providers is a three strike rule. If you are suspected of downloading films illegally you are sent a stern letter expressing that you stop all activity, ignore this and the subsequent follow-up letter and then you receive a third strike. On the third strike your details are sent to the owners of the copyrighted material who can request that not only are you barred from using the internet but that you are also attend a legal proceeding where you will face prosecution for your actions.

In terms of downloading movies illegally there is such a high risk involved, a genuine risk of imprisonment or a hefty fine. You do wonder why so many people still partake in this practice when there is an abundance of affordable legal sites you can use. You have been warned, if you do the crime you need to be prepared to do the time if and when you get caught. Remember, technology is on the increase each and every day, the film industry is worth millions and they are not going to allow those suspected of stealing from them to walk free.

If you want to learn more about legal movie downloads including information on file formats and playback media make sure you take a look at Legally Download Movies and stay on the correct side of the law.