Copyright Law

ELO’s Copyright practice provides a full range of services to our clients. A registered copyright provides the owner with the right to reproduce, copy, distribute, adapt, perform or display that material, as well as to prevent others from using it in those ways.

Businesses interact with copyrighted material every day, sometimes without appreciating the importance of compliance with the U.S. Copyright Act. Copyrights relate to protection in creative works such as books, paintings, photography, films, videos, music, computer software and architectural works.




Under the current copyright law, copyright vests in original works of authorship from the moment of creation and fixation onto a recordable medium. Registration is permissive rather than a statutory formality, and a work may be registered at any time within the life of the copyright.

Although registration is not a requirement for protection, copyright law provides several inducements or advantages to encourage copyright owners to make registration, including:

  • registration establishes a public record of the basic facts of a copyright claim;

  • for works of U.S. origin, registration is necessary before an infringement suit may be filed in court;

  • if made before or within five years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate;

  • if registration is made within three months after publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner;

  • registration allows the owner of the copyright to record the registration with the U.S. Customs Service for protection against the importation of infringing copies.

ELO has advised many clients concerning the benefits of registration. Whether a literary, visual, musical work, or sound recording; whether a computer program or database; whether a vessel hull or a mask work – ELO can guide you through this administrative process and in securing registrations for your claims. Contact us for additional information or to schedule a consultation.






If you are seeking an intellectual property attorney, or if you are interested in trademark, copyright, or patent-related legal counsel, contact ELO to schedule your free 15-minute consult today!

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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