Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Or refine your search by selecting a city:
Refine your search by selecting a city.
Copyright is a legal right that protects original works of authorship, which include literary, musical, artistic, and certain other intellectual works. Although copyright law is primarily governed by federal statutes, such as the United States Copyright Act, it also has implications at the state level, including in Wisconsin. Residents and businesses in Wisconsin create and use copyrighted material every day, from writing and music to software and digital content. Understanding the basics of copyright is important for creators, users, and businesses to protect their own work and avoid infringing on the rights of others.
There are many scenarios where seeking legal advice or representation in the field of copyright is beneficial. Some of the most common situations include:
A lawyer with copyright experience can help individuals and businesses navigate these complex legal situations, ensuring their rights are protected under the law.
Although federal law governs the majority of copyright issues, Wisconsin has its own laws and court procedures that can affect copyright enforcement locally. For example, the Wisconsin courts have jurisdiction over infringement acts that take place within the state, and local court rules apply when a copyright infringement case is filed. State law may also impact contract disputes related to licensing or assignment of copyrighted materials, as well as certain trade secret and unfair competition matters that often overlap with copyright. While Wisconsin does not have its own copyright registration process, it is important for residents and businesses to be aware of how state courts interpret and enforce federal copyright laws.
Original works of authorship such as books, music, paintings, photographs, movies, architectural works, and software are protected. The work must be fixed in a tangible form of expression.
Registration is not required, but it provides significant benefits, such as the ability to sue in federal court and potentially recover statutory damages and attorney fees if your work is infringed.
For works created after January 1, 1978, protection typically lasts for the life of the author plus 70 years. Different rules may apply to works for hire or anonymous works.
Giving credit does not automatically make use of someone else’s work legal. Permission from the copyright owner or a valid legal exception, like fair use, is usually required.
Fair use is a legal doctrine that allows limited use of copyrighted works without permission for purposes like criticism, comment, news reporting, teaching, scholarship, or research. Courts consider several factors in determining fair use.
In the United States, as soon as an original work is created and fixed in a tangible medium, it is automatically protected by copyright. Registration, however, is needed to enforce those rights fully.
Consult with a copyright lawyer to discuss your rights and possible remedies. Depending on the situation, you may be able to send a cease and desist letter or file a lawsuit.
Copyright protection does not extend to ideas, methods, or systems. Only the expression of ideas, such as the way you have written or depicted something, is protected.
Penalties are set by federal law and can include monetary damages, injunctions to stop the infringement, and sometimes criminal charges in cases of willful infringement.
Work-made-for-hire rules are defined under federal law, but local contract law in Wisconsin may affect employment agreements or independent contractor arrangements related to copyright ownership.
Several resources are available for those seeking more information or legal assistance with copyright in Wisconsin:
If you believe you need legal assistance with a copyright issue in Wisconsin, start by gathering all relevant information and documents, such as proof of your authorship and any communications about the work. Consider consulting with a lawyer who specializes in copyright law, especially if your situation involves potential infringement, licensing, or a formal dispute. Use resources like the State Bar of Wisconsin’s lawyer referral service to find a qualified attorney. Be proactive in protecting and enforcing your rights by understanding both the federal laws and how they are handled within the Wisconsin legal system. If you are unsure where to start, reach out to a local legal aid organization or a copyright law expert for an initial consultation.
