Do I Need A Service To Register My Copyright?

Should I Annals the Copyright on My Website?

Categories: Intellectual Property, Article

In today's global market place, virtually every business organisation has a website, and many of those sites are content-rich. Websites are frequently filled with original writings and pictures. Much of that original content is marketing, while other content consists of informative articles, tips and guides to grab and go on the attention of visitors to the site. A great deal of time and endeavor is spent creating a content-rich website that will position your business concern as a leader in the market place identify.

The problem that too often arises is that your competitor is often interested in the same result without the same effort. I become calls near weekly from existing and potential clients lament that some or all of their web content has been swiped by a competitor's website. On more than one occasion the copying was so blatant that my client's name or phone number could be institute in the contact information or in the terms and weather.

Sometimes the infringer is but ignorant of the copyright laws and is under the mistaken belief that if content is on the internet, it is in the public domain. In other cases, the infringer is fully aware that his behave is unlawful but is willing to take the gamble considering he believes the risks are minimal. Either mode, rampant copyright infringement on the internet raises the question of what steps you lot can and should take to protect yourself.

Fight Content Thieves with a DMCA

Fortunately, the Digital Millennium Copyright Human action ("DMCA") provides a process for obtaining removal of infringing content without the necessity of filing a lawsuit. Under the DMCA, we send notices to the net service provider of the website that commonly result in the Isp taking downward the infringing website.

DMCA notices are not ever successful and having the infringing content removed is not ever the only remedy our clients seek. In case the DMCA procedure is unsuccessful, or if you lot may seek to recover damages for the infringement, you should consider the importance of registering the copyright on your website content.

Copyrights Protect Content

Copyrights automatically attach to writings, graphics, and photographs that are stock-still in a tangible form. Thus, even without taking any affirmative steps, you lot have copyrights over the content that yous or your employees create for your website. (Be careful -- absent a written agreement y'all do not own content created by an independent contractor).

Copyrights can be registered with the United States copyright office. There is no country level registration, every bit the federal government has sole jurisdiction over copyright issues. Federal police force preempts (supersedes) state laws regarding copyrights.

Although there is no requirement to register a copyright, at that place are several benefits of registration. An important do good of registration is that in lodge to file a lawsuit against someone for copyright infringement, the work at issue must be registered. Copyright registration costs $35 for electronically filed registrations, merely the process tin take between three and seven months. If you do not accept a registration when you lot learn that a third political party is infringing your copyright, you must await until you lot receive your registration before you tin can file a lawsuit. At that place is a process for expediting a copyright registration. The Copyright part calls it "special treatment" and charges an actress $760 to become the registration back to you lot in approximately one calendar week. Thus, absent-minded a registration, you lot volition accept the choice between a substantial delay in filing a lawsuit or paying for expedited treatment.

Copyright Infringment Lawsuits

An even more important benefit of registration is its effect on recoverable damages. If y'all register your copyright within iii months of publication or before an infringement occurs, you can recover your attorney fees from the infringer and "statutory" damages (a set amount provided for in the statutes). Statutory amercement can be as much as $150,000 for willful infringement.

In a copyright infringement lawsuit, y'all can always seek what is known as injunctive relief - an order from the Court that the infringer must end using the infringing content. You tin can too be awarded your actual damages. It is ofttimes difficult, or impossible to prove damages when someone copies content from your website. Also, the actual damages are often dwarfed by the costs and attorney fees involved in filing a lawsuit. If yous did not register your copyright before the infringement, you lot tin can non recover your attorney fees expended in the copyright infringement lawsuit.

Although copyright registration is inexpensive and beneficial, a common excuse for not registering the copyright on a website is that the website is updated oftentimes. To properly protect your website, yous should not only register the copyright, yous should keep the registration up to date. When new content is added to the website after the registration is filed, that new content is not automatically added to the copyright registration. Rather, a new registration must be filed which indicates that it covers the new materials.

If you lot accept spent meaning fourth dimension and effort creating a website that includes substantial content, then you should as well spend the additional time and money to annals the copyright on your website'southward content. For more data on registering copyrights, visit the Usa Copyright Office at copyright.gov. If your website content has been copied, contact usa for assistance in getting the infringing content removed from the Net - fifty-fifty if you haven't yet registered your copyright.

Founded in 1984, Jaburg & Wilk PC offers extensive experience, diversity in practice areas and the power to recollect like a business possessor. We are an Arizona mid-sized AV rated police firm, the highest rating that a police force firm can receive. Our attorneys, paralegals, and other back up staff meet our clients' diverse legal needs and provide exceptional service through our 21 Fundamentals which comprise The JW Manner.