Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Copyright law in the United States, including Albany, is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship. The coverage extends to creative pieces such as literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The 1976 Copyright Act generally gives the owner of copyright the exclusive right to reproduce, distribute, perform, display, or license his or her work.
Engaging a lawyer may be necessary in various situations. For instance, if you are an artist or author and suspect your copyrighted work has been infringed upon, a lawyer can help enforce your rights. Additionally, if you are creating such works, a lawyer can help register your copyright. Lawyers also play a vital role in drafting and enforcing licensing agreements, negotiating copyrights, defending against unjust infringement accusations, and aiding in matters of fair use and other exceptions to copyright laws.
While copyright law is primarily governed at the federal level, local state laws (such as New York's in Albany) also impact aspects of copyright. These may cover areas like contracts, licensing agreements, business formation (for creators who operate as businesses), and claims under the right to publicity. The right to publicity, in particular, is a state law-driven concept granting individuals the exclusive right to profit from their name, image, or likeness.
For works created after January 1, 1978, the copyright lasts for the life of the author plus 70 years. If the work is a work of corporate authorship, the copyright lasts 95 years from the year of first publication or 120 years from the year of creation, whichever expires first.
No. In general, registration is voluntary. Copyright exists from the moment the work is created. However, if you wish to bring a lawsuit for infringement of a U.S. work, registration is necessary.
No, copyright law doesn't protect names, titles, slogans, or short phrases. However, these can be protected by other forms of intellectual property law, such as trademark.
Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances.
No. Once a work is in the public domain, it remains in the public domain and cannot be copyrighted again.
Several resources can offer aid to those needing informational or legal assistance on copyright law. These include the U.S. Copyright Office, a governmental body that administers and records copyrights, the Volunteer Lawyers for the Arts of New York, which provides pro bono legal services, and the American Intellectual Property Law Association, a national organization of intellectual property attorneys.
If you need legal assistance related to copyright, the first step could be to contact your local bar association for referrals to attorneys specializing in intellectual property law. It's also advisable to accumulate any relevant documents, such as licensing agreements, contracts, or proof of infringement, before consulting with a lawyer.
