Top 5 Things to Consider in a Copyright Search for NY Business Executives
When you’re an executive, manager or business owner in New York, it’s essential to understand copyright laws and regulations4 min read
When you’re an executive, manager or business owner in New York, it’s essential to understand copyright laws and regulations. The legal landscape is complex enough, as is, but managing copyright is a necessary cinch for both operations and compliance. Every business executive who needs legal counsel and lawyering should measure potential risks in accordance with the specific restrictions of copyright law.
Before investing time and resources into any product, service, or design, it’s crucial to identify potential intellectual property rights issues. In this article, we’ll discuss the top five things you should consider for a copyright search in New York. We'll first discuss copyright itself, then dive into five key considerations to look for within any copyright search.
What Are Copyrights?
While copyrights are one of the most commonly discussed forms of intellectual property protection, they’re often misunderstood. Copyrights are forms of protection for original works of authorship, such as musical works, dramatic works, sound recordings, and other media, that are subject to infringement and violation. The Copyright Act grants copyright holders exclusive rights to the use of their works.
More specifically, copyrights protect the use, reproduction, distribution, performance, and display of works under copyright law. This means that only authors and creators have the legal authority to reproduce, use, and distribute content according to the laws of copyright.
Important Considerations for A Copyright Search in NY
Now that you have a better understanding of copyrights, let’s move on to the top 5 considerations for your copyright search. We highly recommend taking the time to thoroughly read through these considerations to better inform your copyright search for copyright protection in the New York jurisdiction.
1. Know the Work You’re Searching For.
The first and most obvious point to consider in any copyright search is the work you’re searching for. To ensure accuracy, you must know exactly what kind of work you’re looking for (e.g. a book, a song, a script, etc.). Just as copyright laws may vary from jurisdiction to jurisdiction, so too does the scope of copyrightable works. Certain material can be protected in one territory, but not in another. Therefore, it’s critical to consider what type of work you need copyrighted in order to make sure it’s protected.
2. Thoroughly Research the Copyright System.
Before you conduct a search, it’s important to thoroughly familiarize yourself with the copyright system and legal landscape, as it pertains to copyright in the New York jurisdiction. Each country and region have their own copyright laws, as do each of the states in the United States.
Copyright laws are also long and complex, so it’s a good idea to look at the ways copyright enforcement takes place. It’s important to understand the legal mechanisms that affect copyrights in New York, as well as the process to obtain copyright protection. This exercise is all the more important if you’re working with copyrighted materials that span multiple jurisdictions.
3. Research & Source Appropriate Copyright Materials.
Once you understand the copyright system, the next step is to source your materials. Depending on the nature of the work, you’ll likely want to look for material related to audio-visual works (such as songs, films, and videos) and literary works (including books, plays, and scripts).
When searching for copyright materials, it’s critical to be mindful of the laws related to copyrights. You won’t want to purchase or acquire copyrighted works that infringe on the rights of other creators. Be sure to purchase from legitimate sources or institutions that have a robust reputation in the intellectual property industry.
4. Identify Owners & Prevailing Copyrights.
Once you have your materials in hand, it’s time to start the copyright search process. An important aspect of the copyright search is to identify who owns the copyright of the work and if that copyright is still in force. This is especially important when considering works that span across multiple jurisdictions, as some works may have multiple copyright holders.
In the United States, copyright searches are made easy with the U.S. Copyright Office's public searchable databases. Similarly, many other countries have maintain copyright records that are searchable and helpful when developing a value chain map of copyright owners and proper licenses.
5. Assess Risk & Confirm Legitimacy of Material.
Finally, now that you know all the details and considerations for searching for copyright materials in the New York jurisdiction, it’s important to assess the risk associated with acquiring copyright works. This is an important step, as it can help you ensure you’re operating within the legal boundaries of copyright law in New York.
For instance, the United States Copyright Office has a list of commonly asked questions that are a great resource for learning more about copyright law in the United States. This is a useful tool in understanding the risk associated with acquiring copyright material.
As with any legal matters, it’s always best to seek professional counsel from an experienced attorney.
In the end
In summation, every business executive who needs legal counsel should measure potential risks in accordance with the specific restrictions of copyright law. When it comes to searching for copyrighted material, the most important things to consider are knowing the specific work, researching the copyright system, sourcing materials, and assessing risk and legitimacy.