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The Law Office of Anthony N. Elia P.C.
325 Broadway • New York, NY
212.233.5300

Copyright Law

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What Is Copyright?

Copyright is a form of protection provided by the laws of the United States to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright protection is available to both published and unpublished works. It is illegal for anyone to infringe any of the rights provided by the copyright law to the owner of copyright.

What Does Copyright Protect?

Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.

How Is a Copyright Different From a Patent or a Trademark?

Copyright protects original works of authorship, while a patent protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.

When Is a Work Protected?

A work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Do I Have to Register With the Copyright Office to be Protected?

Yes and no. Copyright exists from the moment the work is created, so in that sense no. Without a timely registration, however, protecting and enforcing your rights is very difficult — and often just not feasible. We recommend strongly that you register your copyrights before they are infringed. Moreover, you must file before you commence a copyright infringement suit.



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The Law Office of Anthony N. Elia, P.C.

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