What are copyrights?

Original creative work fixed in a tangible medium of expression.  Such as Literary Work, Musical Work, Dramatic Work, Pantomimes/Choreographic Work, Pictorial/Graphic/Sculptural, Motion Picture/Audiovisual Work, Sound Recordings, Architectural Work, or SoftwareAn owner of a copyright can prevent others from making copies of the work, Making derivative work, Selling or distributing work, Publicly performing work, or Displaying the work.Copyright is secured upon creation of the work and registration is NOT required, but highly recommended.  It is also recommended, but not required, to provide proper copyright notice. (It used to be required prior to March 1, 1989), examples of notice are as follows:© 2015 Seattle Litigation GroupCopr. 2015 Seattle Litigation GroupCopyright 2015 Seattle Litigation GroupBenefits of Registration with US Copyright Office (http://www.copyright.gov):

• Lawsuit in Federal Court.
• Statutory Damages for Infringement if registered prior to infringement occurs.
• Attorney Fees available if registered prior to infringement occurs.
• Can STILL register after infringement occurs and sue in Federal Court but cannot get statutory damages or attorney fees, UNLESS..
  • Registration occurred within 3 months of creation of work.
  • Registration occurred within 1 month of learning of infringement.
  • Author of work of visual art.

Damages 17 USC §504

• Actual Damages
  • Based on gross profits minus any allowable deductions.
• Statutory Damages
  • $750 - $30,000 if no finding of willful infringement.
  • Up to $150,000 if infringement is found to be willful.
  • Minimum of $200 if infringement is not found to be willful.
  • Two times the amount of any license fee over the previous three years.