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Copyright Law Attorney - Southern California
Intellectual property can be a key asset of many businesses. Whether your business is a technology based business, or a consumer product, intellectual property can be valuable. It is important to invest in the protection of your company’s intellectual property. A failure to police and defend your intellectual property rights may result in a loss of those rights. If you need help protecting your Intellectual Property please call the law firm of Gaston & Gaston at 649-398-1882 today.
Copyright
Copyright protect a creative expression fixed in a tangible medium. Copyrights do not protect ideas, per se, but may protect the expression of the idea. For example, a copyright generally will not protect the idea for a book, but it will protect the text, or expression, of a book. A work is protected by copyright the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.
Copyrights may be registered with the federal government to receive the highest protection possible. While registration is voluntary, you will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.
While a failure to register a copyright with the federal government does not mean that the work is not protected, it does lessen the rights available upon litigation of an infringement. Therefore, the safest course of action is to file for copyright protection of your work with the US. Office of Copyright. Registration is recommended because it provides certain benefits to the copyright holder. Many individuals and companies choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Possessing a certificate of registration may provide added value if you decide to sell your company that holds the copyrights. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law which can eliminate a significant burden of proof in an infringement case.
Copyright protection grants a “bundle of rights” that includes, among others, the right to reproduce, distribute, exhibit, make derivative works and perform the protected work. An infringer may infringe just one, or more than one, of these bundle of rights. Gaston & Gaston APLC can assist you by counseling you about the protection available under copyright law, filing of copyrights, writing of copyright infringement cease and desists letters, and prosecution of copyright infringement cases. A copyright is indicated by the symbol ©.
If you need advice or assistance in registering a copyright, call the law firm of Gaston & Gaston APLC at 619-398-1882 today.
- Gaston & Gaston's Service Area
- Our service area includes Aliso Viejo,
Anaheim,
Costa Mesa,
Dana Point,
Fountain Valley, Hollywood,
Huntington Beach,
Irvine,
Laguna Beach,
Laguna Hills,
Laguna Niguel,
Laguna Woods,
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Newport Beach,
Orange,
Rancho Santa Margarita,
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Redondo Beach,
Rolling Hills,
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San Marino,
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South Pasadena,
West Hollywood and YOUR city!
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