What is a Copyright?
According to the United States Copyright Office, copyright “is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression.” Copyright law is statutorily governed by Chapter 17 of the United States Code.
Copyright Practice
A significant portion of a copyright lawyer’s day is devoted to client counseling. They advise creators, businesses, and organizations on how to safeguard their creative works effectively. This involves explaining the nuances of copyright protection, such as its automatic nature upon creation of an original work. Lawyers also discuss the advantages of copyright registration, which can provide additional legal benefits in case of infringement. Furthermore, they guide clients on the strategic use of copyright notices to deter potential infringers and establish a clear claim of ownership.
Registration and documentation form another key aspect of a copyright attorney’s daily routine. They assist clients in preparing and filing copyright registration applications, ensuring all necessary information is accurately provided. Lawyers also help maintain comprehensive records of copyrighted works, including creation dates and any subsequent modifications.
Litigation and dispute resolution constitute a significant portion of a copyright lawyer’s practice. They represent clients in infringement cases, whether as plaintiffs protecting their rights or as defendants responding to allegations of unauthorized use. Copyright attorneys often find themselves negotiating settlements, seeking to resolve disputes efficiently without resorting to lengthy court battles. They also draft and review licensing agreements, enabling clients to monetize their intellectual property while maintaining control over its use.
Staying current with evolving copyright laws and technological advancements is a critical aspect of a copyright lawyer’s daily life, especially with the advent of artificial intelligence. They must continually monitor changes in legislation and relevant court decisions that may impact their clients’ rights. Attending continuing legal education courses on intellectual property topics helps them remain at the forefront of their field. Additionally, copyright lawyers must analyze the impact of new technologies on copyright protection, as digital innovations often present novel challenges to traditional copyright concepts.
For more information, consider reaching out either to the following list of ASU Law professors in this practice area or check out the below list of secondary resources:
ASU Law Professors
Jon Kappes
Trevor Reed
Secondary Resources