News & Analysis as of

Copyright Registration

Q&A with Paul Rossler: Companies make common intellectual property mistakes

by GableGotwals on

Companies make common intellectual property mistakes - Q: What types of companies have intellectual property? A: Companies range from oil to education to software and everything in between. A 2016 study by the United...more

Owner of Foreign Copyrights Must Plead Registration Exemption

What exactly is the definition of a “United States work” for copyright registration purposes? And why is a certain Albanian television company unlikely to forget that definition any time soon? ...more

Ninth Circuit: Dolphin Crossing Not Copyright Protectable

An idea that is first found in nature cannot be the subject of copyright protection, the U.S. Court of Appeals, Ninth Circuit explained in a decision involving the depiction of two dolphins crossing underwater....more

Copyright Office issues new restrictions on group registration of photos

by Thompson Coburn LLP on

Group registrations of photos will have new limitations beginning February 20, 2018. Photographers were previously able to register an unlimited number of photographs in a single registration application, for the regular $55...more

Protecting the Collected Knowhow of an Assembled and Trained Workforce

by Nexsen Pruet, PLLC on

The notion of protecting knowhow is strange to those who think of intellectual property as comprising patents, trademarks, and copyrights. Knowhow is not associated with agencies of the US federal government that issue...more

Copyright Office Clarifies Rules on Protection and Damage Award Linked with Group and Database Copyright Applications

by Vedder Price on

With the continued growth of Internet-related new technologies, authors, website operators and photographers are producing larger and larger volumes of digital content. The Coalition of Visual Artists surveyed 1,744...more

“Everyday I’m Hustlin’” to Ensure Valid Registrations

by McDermott Will & Emery on

Addressing for the first time the 2008 amendment to the Copyright Act’s effect on the standard for invalidating a copyright registration, the US Court of Appeals for the 11th Circuit held that a copyright registration may...more

Q&A: Why you should consider registering your copyright in Vietnam

by Hogan Lovells on

Following our recent Q&A on copyright registration in China, we now turn to Vietnam where there is also a voluntary copyright registration system....more

Paul Rossler: 6 intellectual property mistakes

by GableGotwals on

Intellectual property – in the form of trade secrets, patents, copyrights, and trademarks – is growing in importance and value. Yet, many companies fail to secure or adequately protect their intellectual property because of...more

Q&A: Why you should consider registering your copyright in China

by Hogan Lovells on

While not compulsory, getting a copyright registration in China can offer many benefits to IP owners. This article will give an overview of the copyright registration system in China. Copyright registration is also available...more

Copyright Basics

by Workman Nydegger on

Copyright protection is contemplated under the Constitution of the United States and governed by the U.S. Copyright Act. More specifically, Article 1, Section 8, Clause 8 of the United States Constitution includes...more

Still Wondering Whether SCOTUS Will Resolve The Copyright Registration Debate

by Fox Rothschild LLP on

This post follows up on my prior blog post regarding the case pending at the United States Supreme Court involving the question of when a copyright holder can properly file a copyright infringement lawsuit. The petitioner,...more

When is a Copyright “Registered” for Purposes of Filing Suit?

On May 18, 2017, the Eleventh Circuit Court of Appeals dismissed a copyright infringement complaint and added further to a circuit split on when copyright “registration” occurs for purpose of filing a copyright infringement...more

Register Early and Often or at Least Try to: Preparing for Copyright Enforcement

Unlike other intellectual property rights, copyright automatically exists when an original work of authorship is fixed in a tangible form of expression. So, while copyright owners may choose to register a copyright claim with...more

Two Copyright To-Dos Before Year End

by Stinson Leonard Street on

Tackle the following two tasks before year end to help protect your company from copyright infringement liability and secure your copyright assets in 2018....more

November 2017: Trademark & Copyright Litigation Update

When Is a Copyright Owner Allowed to Sue? The Supreme Court May Decide. A recent decision by the U.S. Court of Appeals for the Eleventh Circuit, Fourth Estate Public Benefit Corporation v. Wall-Street.com, LLC, 856 F.3d 1338...more

The Clock Is Ticking: Refile DMCA Designated Agent Registration by Dec. 31 or Lose Safe Harbor Benefits

If there is one thing you need to do by the end of the year, it is refiling your designated agent registration with the Copyright Office. The message from the Copyright Office is very clear — if you do not refile by December...more

Journalism Organization Petitions for Resolution of the Copyright Application v. Registration Debate

by Robins Kaplan LLP on

The registration requirement in the Copyright Act is a well-known subject of debate, and the Eleventh Circuit recently joined the fray by siding with the registration approach camp. ...more

Your Digital Millennium Copyright Registration May Be About To Expire

Last November, we wrote about the Copyright Office’s decision to ditch its paper registration system for the Digital Millennium Copyright Act (“DMCA”) safe harbor and start a new online system completely from scratch. If you...more

Stand and Deliver—Federal Court Enforces Trademarks For "Stork" Lawn Signs Announcing New Births

by Bennett Jones LLP on

A single product can, in some circumstances, attract more than one form of intellectual property (IP) protection. For example, if functioning as an indicator of source, a product itself can attract trademark protection while...more

Catching Counterfeits: Customs Recordation and IP Enforcement

by Knobbe Martens on

U.S. Customs and Border Protection (“CBP”), the primary federal agency responsible for securing America’s borders, is also charged with the protection of intellectual property rights and guarding against the infringement of...more

Don’t Get Berned – An Important Limitation on Enforcement of Foreign Copyrights Under U.S. Law

by Dorsey & Whitney LLP on

Since March 1, 1989, the United States has been a member of an international copyright treaty named the Berne Convention (formally called the “International Union for the Protection of Literary and Artistic Works”). This...more

Brokers Are Creators, Too: Using Copyrights to Leverage Real Estate Listings

by Lane Powell PC on

Using copyright law proactively equips creative real estate professionals with the tools to protect their created content. Among the most important assets a real estate professional creates and relies on are the photographs...more

Cannabis Industry FAQ

by Pepper Hamilton LLP on

Can marijuana businesses receive federal copyright protection? Yes. The requirements for registration with the U.S. Copyright Office are that the work is original, creative and fixed in some form of expression. These...more

Circuit Divide: Is Registration a Precondition for Copyright Infringement Suits?

by McDermott Will & Emery on

Addressing the regional circuit split over whether copyright registration occurs when a copyright application is filed or when the Register of Copyrights registers the copyright, the US Court of Appeals for the 11th Circuit...more

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