Getting Started with Copyright Regulation in Los Angeles
Understanding Copyright Law: An Essential Part of Doing Business in Los Angeles3 min read
It is vitally important for any business to have a strong understanding of copyright law, especially if you’re operating in the Los Angeles area. Copyright law is complex and ever-changing, and failure to comply with the law can lead to serious financial and other penalties. For business owners in the Los Angeles area, the best way to get up to speed on copyright law is to seek professional counsel from an experienced business lawyer familiar with local regulations.
Knowing when to obtain legal assistance on copyright-related matters is key to protecting your intellectual property and mitigating any risks. To help you understand when you need to call a lawyer, we’ll take a closer look at copyright law and the regulations that businesses in the Los Angeles area must abide by. Let’s get started.
What is Copyright?
As its name suggests, copyright is “the right to copy”, or legally protect, a creative work. When an individual or business holds a copyright over a work, it has the exclusive right to reproduce, distribute, perform, or display the work for a limited period, typically for the duration of the copyright holder’s life plus 70 years.
Under U.S. copyright law, only the owner of the copyright has the exclusive right to use the protected work. In other words, anyone attempting to use a copyrighted work without permission can be sued for copyright infringement.
What Types of Works Are Covered By Copyright Law?
Copyright law applies to original works of authorship in any tangible medium. This includes works of literature, music, art, photography, videos, film, and video games, among other categories.
The most important factor in determining whether a particular work is protected by copyright laws is whether the work is “original”. If a work consists of ideas and expressions that are unique to their creator, then the work is original and thus subject to copyright protection.
What Protection Does a Copyright Provide?
When a work is protected by copyright, the copyright holder has the exclusive right to use the work, including the right to do the following things:
-Reproduce the work.
-Create derivative works (works derived from the original).
-Distribute copies.
-Perform or display the work.
Copyright law also grants the copyright holder exclusive rights to receive financial compensation for the use of the work. For example, when a musician licenses a work of music to a film studio, the musician receives a royalty payment for the use of their work in the film.
What Types of Works Don’t Need Copyright Protection?
Not all works are subject to copyright protection. In particular, facts, ideas, processes, and systems cannot be copyrighted. This means that, if your work consists primarily of such information, then you won’t need to register it with the Copyright Office for protection.
Copyright Registration and the Copyright Office
In the United States, copyright holders must register works with the United States Copyright Office to gain full protection under copyright law. To register a work, the copyright holder must fill out an online application and pay a filing fee.
When a work is registered, the Copyright Office assigns a registration number that serves as proof of copyright. This registration number can be used to prevent copyright infringement by providing proof that you own the copyright.
Copyright Law in Los Angeles
In the Los Angeles area, businesses must abide by federal and state copyright laws in addition to local regulations. Businesses in the Los Angeles area must be aware of the requirements on registration, proper usage of copyrighted works, and cease and desist orders.
In addition, businesses must also be aware of the restrictions placed on certain types of works, like software, music, and films. For example, in California, businesses must obtain a special certificate from the Copyright Office before they can use a piece of music in a film or video.
Why You Need an Experienced Business Lawyer
Given the complexity of copyright law in Los Angeles, it is important that businesses in the area seek the assistance of an experienced business lawyer for guidance. Business lawyers understand the local laws and can explain how best to utilize copyrighted works without running afoul of the regulations.
Whether you need a one-time legal consultation or ongoing support, UpCounsel has a professional legal team that can help you protect your intellectual property. With UpCounsel, you can choose from a robust network of experienced lawyers, each with an average of fourteen years of experience. Plus, you can view profiles of the online attorneys to read up on client ratings and reviews of their recent work.
Topics:
