Copyright Law


ELO's copyright practice offers comprehensive services to clients, to ensure the protection and enforcement of their intellectual property rights. Under the U.S. Copyright Act, registered copyright holders are granted exclusive rights to reproduce, distribute, perform, and display their creative works. Additionally, copyright ownership empowers individuals and businesses to adapt their material to various forms and formats while preventing unauthorized use by others.


It is essential for businesses to recognize the significance of compliance with the U.S. Copyright Act in their daily operations. Copyright law extends protection to a wide array of creative works, encompassing books, paintings, photography, films, videos, music, computer software, and architectural works. By understanding and adhering to copyright regulations, businesses can safeguard their own creative assets while respecting the intellectual property rights of others.


Additionally, it is worth noting that copyright protection is automatic upon the creation of a work fixed in a tangible medium of expression (17 U.S.C. § 102). However, registering copyrights with the U.S. Copyright Office offers additional benefits, including the ability to file infringement lawsuits and seek statutory damages and attorney's fees (17 U.S.C. §§ 411, 504). Therefore, consulting with legal professionals can assist businesses in maximizing the protection and value of their creative endeavors.




Under current copyright law, copyright protection is granted to original works of authorship from the moment they are created and fixed in a tangible medium (17 U.S.C. § 102). While registration is not a mandatory requirement for copyright protection, it offers numerous advantages and incentives for copyright owners:


  • Firstly, registration establishes a public record of the basic facts of a copyright claim, providing clarity and documentation of the ownership and creation date of the work.

  • Moreover, for works of U.S. origin, registration is a prerequisite before filing an infringement lawsuit in court.

  • Furthermore, timely registration, typically within five years of publication, serves as prima facie evidence of the copyright's validity and the accuracy of information presented in the registration certificate. This presumption simplifies legal proceedings by placing the burden of proof on the defendant to demonstrate invalidity.

  • Importantly, registration within three months of publication or prior to an infringement occurrence unlocks additional benefits for copyright owners. In such cases, statutory damages and attorney's fees become available in litigation, offering a more robust remedy compared to solely pursuing actual damages and profits.

  • Additionally, copyright registration enables owners to record their rights with the U.S. Customs Service, providing essential protection against the importation of infringing copies, safeguarding against piracy and unauthorized distribution..


ELO has a wealth of experience on the advantages of copyright registration across various creative mediums, including literary, visual, musical works, sound recordings, computer programs, databases, vessel hulls, and mask works. Contact the office directly for additional guidance on expertly navigating the process of copyright registration!



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Legal Notice: Any information herein does not constitute legal advice or endorsement.  All posts are for informational purposes only, as there are many factors and complexities that come into any legal matter, including patenting an idea.  ELO always recommends you consult with a qualified attorney if you want legal advice for your particular situation.
No attorney-client or confidential relationship exists by simply reading and applying the information or steps stated in any article herein.




Escalante Law Offices