Copyright Law in Maryland

A copyright gives an author of an original work exclusive rights to their work. Registration is a procedure for creating a record of your copyright with the U.S. Copyright Office. It involves gathering your works, completing and filing an application, and paying required fees. Taylor Legal can help you register your works, enforce copyrights against infringement, and provide legal advice on issues related to fair use, public domain, and other areas of copyright law. 

Taylor Legal Copyright Services

We offer a wide range of copyright services depending on your business needs.

• Pre-Application Analysis
• Review of your materials
• Determination of copyrightable materials
• Guidance and strategic analysis on which original works to register based on use, any intellectual property language in current agreements, and business goals
• Copyright Registration
• Collect information for claim
• Determine appropriate copies for deposit to the Library of Congress
• Identify and provide guidance on the appropriate subject matter category for filing
• File electronic claim with the U.S. Copyright Office
• Other Services
  • Review/draft licensing agreements
  • Review/draft work-made-for-hire agreements
  • Fees

U.S. Copyright Office Filing Fees

Registration fees start at $45 per claim. There are a number of different ways to register your work so let us help you determine how to register your materials.

Taylor Legal Fees

Our fees start at $375. Fees are accrued on an hourly basis depending on your specific copyright needs. We may split your copyright matter into multiple phases to help you determine the right path forward for your business. Regardless of how the copyright matter is set up, we always provide you with an estimate of our fees and an estimated timeline for the scope of work following an initial copyright consultation.

FAQ

Why choose Taylor Legal for copyright work?

We specialize in business law and intellectual property. Business owners often need to address both areas of law to ensure the business abides by the appropriate state and federal laws but also the brand is well protected. We offer comprehensive legal services in both that compliment you and your growing business needs.

As a small business ourselves, we know the opportunity cost of your time. Our experienced attorneys are efficient and affordable. We can assist those just looking for guidance on copyright law all the way to those seeking copyright registration with the U.S. Copyright Office. We understand the registration process may seem daunting and you may not know what you need, or if your material is even copyrightable. Your time is better spent running your business, let us protect your intellectual property and keep your uniquely differentiated product, logo, material or other matter yours.

What can be copyrighted?

Original works of authorship can be copyrighted, including:

• Poetry
• Songs
• Photography
• Movies
• Sculptures
• Novels
• Architectural Works
• What cannot be copyrighted?

Copyright does not protect your ideas, processes, procedures, methods of operation, and facts, among other things. Slogans, symbols, and designs also cannot be copyrighted but these may qualify for protection under trademark law. See our [Trademarks Page] for how we can help you protect your brand.

What are the benefits of obtaining a copyright?

Obtaining a copyright involves A copyright registration with the U.S. Copyright Office is not mandatory but it provides a number of benefits, including:

• Establishes a public record and notification to the public that you claim copyrights in your work.
• Required to file an infringement lawsuit in court.
• May allow you to recover statutory damages, attorneys' fees, and other costs in an infringement lawsuit.
• What are the requirements to obtain copyright protection?
• Copyright protects works that are fixed in a tangible medium such as in a written, documented, or recorded format. There are additional elements that must be met, including originality and creativity. The work cannot be a copy of anything else and must contain at least a small degree of creativity. The work must also fall into a one of the subject matters listed below.

What rights does a copyright provide me?

As mentioned above, a copyright owner is afforded a number of exclusive rights to their work. These rights include the right to reproduce, modify, distribute, perform, display, and transmit the copyrighted work. This means that if the work is a play, they can perform it or if it is a movie, they can show it. Copyright also allows the owner to prepare derivative works based on the original.

How do I register a copyright?

As mentioned above, copyright registration is not mandatory. However, registering your work with the U.S. Copyright Office affords you the greatest protection for your intellectual property. The copyright registration process can typically be completed through an online registration portal. Some works may be submitted electronically, yet others require a hard copy be mailed in which will not be returned. Keep in mind, copyright information is public record. Understanding the details of the application and how your work should be categorized may be challenging. Let us provide you with the guidance and assistance necessary to help you reach your intellectual property goals.

What are some common copyright issues?

Many challenges may arise with or throughout the copyright process. We can help you understand and avoid these common issues.

Ownership Issues

Often, disagreements arise over who actually owns the copyright. A common example of this involves employee/employer situations. For instance, an individual hired to create an original work while the individual is either employed by a company or the work is specially ordered by a company may not be the copyright owner. Under a work-made-for-hire agreement, the hiring company may own the copyright to the work. The opposite is typically true when the person creating the work is a freelancer. Many times this problem can be solved by reviewing relevant language in the agreement that addresses intellectual property ownership. Without relevant terms and conditions in a contract, this issue becomes more problematic.

Length of Copyright Protection

Many people are unaware of how long copyright protects the original work. In most cases, it lasts for the life of the author (or creator) plus seventy years. This time period may vary based on the type of medium being copyrighted.

Fair Use Exception

The Fair Use Doctrine is often overlooked or not properly understood. It holds that copyrighted materials may be used under certain conditions without obtaining permission from the copyright owner. The type of original work and the way it is being used are both considered under the Fair Use Doctrine. Common examples of when copyrighted materials may be used under this exception include:

• Teaching purposes
• Reporting the news
• Conducting research
• Providing criticism

What is copyright infringement?

Copyright infringement occurs when any person or entity violates any or all of the exclusive rights of the copyright owner. For instance, copyright infringement may arise if someone reproduces, performs, or displays a copyrighted work without the permission of the copyright owner. Unauthorized use of the copyrighted work does not necessarily have to be for monetary gain. While we do not handle copyright infringement lawsuits, we can assist you in determining whether copyright infringement has occurred, draft cease-and-desist letters, and advise you on how to proceed.

Proving Copyright Infringement. Anyone that claims copyright infringement must be able to prove (1) ownership of the copyrighted work, and (2) unauthorized use of the copyrighted work. The copyright owner may also be required to show that the unauthorized use exceeded the Fair Use Doctrine, which allows the use of copyrighted materials in certain situations and under certain conditions.

Remedies for Copyright Infringement. Injunctions are the most commonly sought remedy by victims of copyright infringement. An injunction serves to stop the infringing party from continuing the unauthorized use of the copyrighted work. A copyright owner may seek a preliminary or permanent injunction to prevent the infringing party from engaging in continuing infringement.

Why choose Taylor Legal for copyright work?

We specialize in business law and intellectual property. Business owners often need to address both areas of law to ensure the business abides by the appropriate state and federal laws but also the brand is well protected. We offer comprehensive legal services in both that compliment you and your growing business needs.

As a small business ourselves, we know the opportunity cost of your time. Our experienced attorneys are efficient and affordable. We can assist those just looking for guidance on copyright law all the way to those seeking copyright registration with the U.S. Copyright Office. We understand the registration process may seem daunting and you may not know what you need, or if your material is even copyrightable. Your time is better spent running your business, let us protect your intellectual property and keep your uniquely differentiated product, logo, material or other matter yours.

You run the business. You rely on us to help you protect it.