Revision Legal’s copyright lawyers stand ready to protect your creative rights and defend against overreaching copyright attorneys. Our copyright lawyers have represented the creative rights of authors, artists, musicians, performers, and other content creators in copyright registration, copyright licensing, DMCA notifications, and copyright infringement lawsuits in United States federal courts. Our lawyers understand, enforce, and defend the rights of creators under both the United States Copyright Act and under international treaties, such as the Berne Convention.
Copyright law in the United States is a body of law authorized under Article I, Section 8 of the US Constitution that is intended to promote the progress of science and the useful arts. Under the Copyright Act, copyright law extends to all works of creative authorship fixed in a tangible medium of expression. Thus, copyright rights exist upon fixation–as soon as a creative work is set into a semi-permanent form, copyright law applies. Copyrightable works include books, websites, movies, music, sculptural works, architectural works, dramatic works, choreographic works, an photographs.
Though copyright law extends to creative works, it does not protect inventions, ideas, facts, procedures, processes, short names, concepts, principles, or discoveries. Additionally, copyright law does not protect useful articles, that is, utilitarian articles that do not contain creative components that are either physically or conceptually separable from the functional aspects of the article. For example, though copyright law can protect an automobile creator’s logo, it cannot protect the body of a car unless there are features of that body design that are not dictated by the functional aspects of the vehicle.
Copyright owners are granted six exclusive rights in the copyrighted work:
- The right to reproduce the work;
- The right to prepare derivative works based upon the work;
- The right to distribute copies of the work by sale or other transfer;
- The right to publicly perform the work;
- The right to publicly display the work; and
- The right to digitally transmit the work via audio transmission.
A cybersquatting or domain dispute attorney is an Internet lawyer that handles cases under the Uniform Domain Name Dispute Resolution Policy (UDRP) or the Anticybersquatting Consumer Protection Act (ACPA). Additionally, a cybersquatting lawyer may also handle domain name hijacking, which typically consists of the theft of a domain name from the owner’s registrant account. Domain dispute lawyers are well versed in trademark law and can either litigate or defend a case on trademark grounds, such as under the nominative fair use defense, the descriptive term defense, or the reseller defense.
The most common forum for cybersquatting complaints is an arbitration body, which is typically provided by the National Arbitration Forum (NAF) or the World Intellectual Property Organization (WIPO), though other providers, such as the South African Institute for Intellectual Property Law, Nominet, and ADR.eu exist. These arbitration bodies hear cases either under the Uniform Domain Name Dispute Resolution Policy, which is a policy applicable to all .com top level domain name (TLD) registrations, or under country code top level domain (ccTLD) dispute policies.
Federal trademark law also provides for a remedy for cybersquatting. Under the Anticybersquatting Consumer Protection Act, a trademark owner can seek statutory damages of up to $100,000 per domain name for cybersquatting, as well as costs, attorneys’ fees, injunctive relief, and the return of the domain name. If the infringer lives outside of the United States, a plaintiff can also bring an in rem lawsuit under the ACPA at the location of the registry, typically Alexandria, Virginia, to recover the domain name in question.
Finally, several state law causes of action (as well as federal law) exist for domain name hijacking. Some states recognize that a cause of action for conversion applies to domain names. States may also allow breach of contract claims or tortious interference claims for domain name theft. Federal law also recognizes a civil cause of action for unauthorized access to a domain name registrant account under the Computer Fraud and Abuse Act.
If you seek a domain dispute attorney, contact one of our expert lawyers today.
If your business depends on the internet for business, marketing, or referrals, you deserve attorneys that understand and specialize in internet law. Revision Legal’s attorneys are experts in Internet law. Our southwest Michigan lawyers have represented individuals and corporations in Internet law, internet defamation, e-commerce, terms of services and privacy policies, domain name disputes, online trademark and copyright infringement, and website agreements. If you are a Kalamazoo individual or business that requires Internet law assistance, contact Revision Legal’s southwest Michigan Internet lawyers today for a free consultation at 269.281.3908.
Our southwest Michigan copyright lawyers have extensive experience in registering and protecting copyrights. We represent Kalamazoo artists, musicians, and businesses large and small in copyright matters. If you require assistance to protect your original works, contact Revision Legal’s southwest Michigan Copyright lawyers today for a free consultation at 269.281.3908.
Do you need to register or protect your trademark? Do you have questions about the legal steps involved in protecting your brand, logo, or identity? Our expert trademark lawyers have represented clients in trademark infringement disputes in federal courts around the country and have represented businesses and individuals just like you on numerous occasions.
Our attorneys have handled:
- Trademark registration in the United States and abroad;
- Trademark infringement lawsuits in state and federal courts, including in the Western District of Michigan;
- Cybersquatting lawsuits;
- Domain name disputes; and
- Trademark oppositions and trademark cancellations in front of the Trademark Trial and Appeal Board.
Need more information?
- What is the trademark registration process?
- What is a Section 2(f) trademark registration?
- What is the Trademark Trial and Appeal Board?
- What is a trademark opposition proceeding?
If you seek trademark registration or trademark protection in southwest Michigan, contact one of Revision Legal’s trademark attorneys today at 269.281.3908.
The Center for Copyright Information has stated that it intends to roll out a new copyright notice system, titled the Copyright Alert System, within the coming days. This new system is intended to automatically identify copyright infringing downloaders and issue copyright takedown notices to the alleged infringers’ Internet service providers. The Copyright Alert System will send up to six alerts to the alleged infringers ISPs, which will serve the following purposes:
- First Alert – The alleged infringer is provide with a link to educational materials;
- Second Alert – The alleged infringer will receive a second educational message;
- Third Alert – The alleged infringer will receive a third educational message with a request to confirm that the message was received;
- Fourth Alert – The alleged infringer will receive a fourth educational message with an additional request to confirm receipt;
- Fifth Alert – The ISP will be directed to take “mitigation measures,” which may include Internet speed throttling, redirection to a landing page requesting receipt, or other measures;
- Sixth Alert – The ISP will take additional “mitigation measures,” which may include termination of Internet services.
If the alleged infringer does not believe that he or she has been involved in copyright infringement, he or she may request a review of the notice of infringement. Such a review requires the alleged infringer to pay $35 to the Center, which will be returned if the Center finds that the notice was issued in error. This review process will be administered by the American Arbitration Association.
The Center for Copyright Information has partnered with several Internet service providers for this project, including AT&T, Verizon, Comcast, Time Warner, and Cablevision.
Revision Legal’s attorneys are experts in Internet law. Our lawyers have represented individuals in Internet law issues across the United States, including domain name disputes, online trademark and copyright infringement, online defamation, e-commerce contracts, and website agreements. If you are a Lansing individual or business that seeks Internet law help, contact Revision Legal’s Lansing Internet lawyers today for a free consultation at 855-473-8474.
Our Lansing copyright lawyers are experts in copyright registration, copyright protection, and copyright infringement litigation. We have represented Lansing authors, musicians, artists, and businesses in copyright matters on numerous occasions and can help you navigate the complex world of copyright law. If you seek a Lansing copyright attorney, contact Revision Legal today for a free consultation at 855-473-8474.
Revision Legal’s attorneys are experts in trademark registration, trademark protection, and trademark infringement litigation. Our expert trademark lawyers have represented clients in trademark infringement disputes in federal courts around the country and have represented Lansing businesses and individuals just like you on numerous occasions. If you seek trademark registration or trademark protection in Lansing, contact one of Revision Legal’s trademark attorneys today at 855-473-8474.
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