Buche & Associateds, P.C. Patent Law

A Copyright is a legal right to the original expression of an idea (not the idea), which expression has been reduced to a tangible medium, i.e., a book, song, sound recording, website, architectural work, movie, sculpture or computer program.

The threshold for creativity and/or “originality” is low given that the Copyright office does not serve the function of art critic. However, Copyright protection generally will not extend to forms or raw data, i.e., phone directories. It can extend to unique presentations, website interfaces, and computer code.

Copyright exists from the moment of creation and when the expression is fixed, regardless of whether a Copyright is registered with the Copyright office. However, copyright registration is still important because:

1. Filing is inexpensive
2. Having a Copyright gives you the right to seek attorney fees from an infringer (this may also increase the likelihood that a copyright lawyer would take the case on contingency)
3. Having a registered copyright can entitle you to "statutory" damages-which are relatively easy to prove in Court
4. Having a registered Copyright makes it easier to license your expression and generate revenue from the original work
5. Having a registered Copyright makes it easier to exclude counterfeits and pursue criminal remedies

To get a copyright registration, you will need to file with the Copyright Office.

Copyrights extend to protect the following exclusive rights of the owner to the original work:

1. Reproduction
2. Distribution
3. Making Derivative Works
4. Display
5. Performance

The copyright attorneys of Buche & Associates, P.C. can help you protect these important Copyrights through filing of Copyright applications on your behalf and enforcing your copyrights through the courts when necessary.

Copyright litigation proceeds in federal courts and sometimes in arbitration settings. The most important issue in copyright litigation generally is whether the competing works are "substantially similar." Other factors, such as whether the defendants had access to the plaintiff's work can have a great bearing on the outcome. Based in San Diego, California, the copyright attorneys of Buche & Associates, P.C. are well versed and experienced with copyright infringement litigation.

It depends on the circumstances of the business relationship, the transaction, and whether the creation will be regarded as a “work for hire”. This frequently comes up in the sale of artwork, software, website development, and music. Buche & Associates, P.C. can work with you to ensure that in any purchase or sale of creative works, that you acquire or sell the entire work or desired subparts and related intellectual property. If you are preparing to buy or sell the assets of a business, do not neglect the intellectual property assets. The copyright lawyers of Buche & Associates, P.C. are qualified to evaluate such contracts to ensure that the intellectual property rights are all accounted for and assigned as the case may require in the Copyright Office or United States Patent & Trademark Office. Do not hesitate to contact our offices for an initial consultation, which is free of charge.