Copyright
law protects original works of authorship that are fixed
in a tangible form. Although the principals
of copyright law are applicable to the Internet, the
state of the law is still developing to keep pace with
the new technologies.
Unlike
patent and trademark applications, copyright
applications are not examined substantively against
other existing copyrighted applications or
registrations. As a result, an issued copyright
registration typically does not have the inherent,
underlying strength that is provided with a patent
or trademark.
Nevertheless,
a valid copyright registration provides substantial and
significant benefits for the registrant. Both statutory
damages and attorneys fees may be available for the
copyright registrant if infringement is proved.
Moreover,
the cost of a copyright registration is very inexpensive
in comparison with a patent or trademark and is usually
recommended.
The
United States
Copyright Office provides copyright
application forms, but caution is advised. The forms
can be deceptively simple and mistakes can be costly
in terms of a loss of rights at some time in the
future.
If
you have further
questions, please contact
our office. We
will be glad to provide
you with a complimentary
30 minute consultation
concerning patents or
any other intellectual
property matters.
