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Cheap Copyright Attorney in Denver and Boulder Colorado

Copyright Lawyer Services

Copyright law is primarily federal law, as such, the copyright law firm of Hunziker Legal Services is happy to provide copyright attorney services to those clients that come from around the world by phone, fax, letter, and email. If you live in any of the following areas you may also come to my Boulder or Denver, Colorado office to meet me in person, my copyright law firm is located in Colorado close to: Denver, Boulder, Fort Collins, Loveland, Longmont, Broomfield, Westminister, Arvada, Northglenn, Thornton, Centennial, Lakewood, Brighton, Berkley, Aurora, Columbine, Commerce City, Englewood, Federal Heights, Golden, Greenwood Village, Highlands Ranch, Littleton, Parker, Sheryl Wood, Welby, and Wheat Ridge.

Copyright law is fairly complex here are some links that should explain some of the basic concepts::

What Works are Protected?

Copyright protects “original works of authorship” that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories:

  1. literary works
  2. musical works, including any accompanying words
  3. dramatic works, including any accompanying music
  4. pantomimes and choreographic works
  5. pictorial, graphic, and sculptural works
  6. motion pictures and other audiovisual works
  7. sound recordings
  8. architectural works

These categories should be viewed broadly. For example, computer programs and most “compilations” may be registered as “literary works”; maps and architectural plans may be registered as “pictorial, graphic, and sculptural works.”

Copyright Secured Automatically upon Creation

The way in which copyright protection is secured is frequently misunderstood. No publication or registration or other action in the Copyright Office is required to secure copyright; however, there are definite advantages to registration.

Copyright is secured automatically when the work is created, and a work is “created” when it is fixed in a copy or phonorecord for the first time. “Copies” are material objects from which a work can be read or visually perceived either directly or with the aid of a machine or device, such as books, manuscripts, sheet music, film, videotape, or microfilm. “Phonorecords” are material objects embodying fixations of sounds (excluding, by statutory definition, motion picture soundtracks), such as cassette tapes, CDs, or vinyl disks. Thus, for example, a song (the “work”) can be fixed in sheet music (“copies”) or in phonograph disks (“phonorecords”), or both. If a work is prepared over a period of time, the part of the work that is fixed on a particular date constitutes the created work as of that date.

Publication

Publication is no longer the key to obtaining federal copyright as it was under the Copyright Act of 1909. However, publication remains important to copyright owners.

The 1976 Copyright Act defines publication as follows:

“Publication” is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display constitutes publication. A public performance or display of a work does not of itself constitute publication.

Note: Before 1978, federal copyright was generally secured by the act of publication with notice of copyright, assuming compliance with all other relevant statutory conditions. U. S. works in the public domain on January 1, 1978, (for example, works published without satisfying all conditions for securing federal copyright under the Copyright Act of 1909) remain in the public domain under the 1976 Copyright Act.

Certain foreign works originally published without notice had their copyrights restored under the Uruguay Round Agreements Act (URAA).

Federal copyright could also be secured before 1978 by the act of registration in the case of certain unpublished works and works eligible for ad interim copyright. The 1976 Copyright Act automatically extends to full term (section 304 sets the term) copyright for all works, including those subject to ad interim copyright if ad interim registration has been made on or before June 30, 1978.

A further discussion of the definition of “publication” can be found in the legislative history of the 1976 Copyright Act. The legislative reports define “to the public” as distribution to persons under no explicit or implicit restrictions with respect to disclosure of the contents. The reports state that the definition makes it clear that the sale of phonorecords constitutes publication of the underlying work, for example, the musical, dramatic, or literary work embodied in a phonorecord. The reports also state that it is clear that any form of dissemination in which the material object does not change hands, for example, performances or displays on television, is not a publication no matter how many people are exposed to the work. However, when copies or phonorecords are offered for sale or lease to a group of wholesalers, broadcasters, or motion picture theaters, publication does take place if the purpose is further distribution, public performance, or public display.

Publication is an important concept in the copyright law for several reasons:

  • Works that are published in the United States are subject to mandatory deposit with the Library of Congress.
  • Publication of a work can affect the limitations on the exclusive rights of the copyright owner that are set forth in sections 107 through 121 of the law.
  • The year of publication may determine the duration of copyright protection for anonymous and pseudonymous works (when the author’s identity is not revealed in the records of the Copyright Office) and for works made for hire.
  • Deposit requirements for registration of published works differ from those for registration of unpublished works.
  • When a work is published, it may bear a notice of copyright to identify the year of publication and the name of the copyright owner and to inform the public that the work is protected by copyright. Copies of works published before March 1, 1989, must bear the notice or risk loss of copyright protection.

Copyright claimed in formatting, modifications, and links exclusive of U. S. government Publication https://www.uspto.gov/web/offices/pac/doc/general/

 

About Will Hunziker

I am a patent and trademark attorney working in Boulder and Denver, Colorado where I provide cheap: patent, trademark, copyright, entertainment, corporate, business, and any other legal services you may require.

If you want a lawyer who answers your calls personally and charges a cheap rate, then you have found your man. I pride myself on the fact that each and every one of my clients gets the same zealous advocacy they can come to rely on again and again.

Off-line Contact Information

Hunziker Legal Services, PLLC.

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Our lawyers and patent attorneys represent clients throughout Colorado; including residents of Boulder, Denver, Fort Collins, Loveland, Longmont, Broomfield, Westminister, Arvada, Northglenn, Thornton, Centennial, Lakewood, Brighton, Berkley, Aurora, Columbine, Commerce City, Englewood, Federal Heights, Golden, Greenwood Village, Highlands Ranch, Littleton, Parker, Sheryl Wood, Welby, and Wheat Ridge.

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