News & Information

In the March edition of Business Counselor, we highlighted the importance of understanding the value of trademarks and service marks in your business. Copyright materials also likely play an important role in your business. “Copyright” is the bundle of exclusive rights granted to an author or creator of an original work, including the right to copy, distribute and adapt the work. These rights can be licensed, transferred and/or assigned. There are several types of works that may be subject to a copyright, including books, maps, charts, prints, photographs, painting, drawings, sculptures, motion pictures, computer programs, sound recordings and architectural works.

A copyright can be an important and valuable asset for your business. Infringement of that copyright by another company or individual may significantly lower the value of that asset. On the opposite side of that coin, you should be aware if your company is inadvertently infringing someone else’s copyright.

Does your company use copyrighted material? Take the pop quiz below and test your knowledge regarding copyright law.

True or false: If material I want to use does not have a copyright notice, I can use it any way I want! False. Although using a copyright notice is advisable, it is not mandatory for most recent works.

True or false: If I find something online, I can use it any way I want! False. Material found on the internet is not (necessarily) within the public domain, and is often protected by copyright.


True or false: If I am not making any money from my use of someone else’s material, I can use it any way I want! False. Although use of another’s material may be “fair use” in certain circumstances, this is the exception rather than the rule.

True or false: If an author has no copyright registration, he has no copyright to enforce. False. An author obtains the copyright in materials he creates regardless of whether he immediately obtains a registration. However, timely copyright registration (generally, shortly after publication and before an infringement) gives an author important advantages, such as the right to bring a lawsuit and recover statutory damages (which are recoverable without having to make the difficult showing that actual damage resulted from the infringement).

Please contact us if you have questions regarding whether you are in fact using a copyright or regarding the rights of the holder of a copyright.