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If you seek an experienced copyright lawyer in Michigan, Revision Legal’s copyright lawyers have extensive experience in handling transactional copyright matters and copyright litigation in the Eastern District of Michigan and Western District of Michigan. Our attorneys have represented the following types of clients:
Whether you are an artist, musician, author, manufacturer, or service provider, Revision Legal’s Michigan-based copyright lawyers have the experience and expertise to handle your copyright matter. Contact us today at 855-473-8474.
Copyright law in the United States is governed primarily by the Copyright Act of 1976, codified at 17 U.S.C. § 101 et seq. Copyright protects original works of authorship fixed in any tangible medium of expression. Protected categories include literary works, musical works (including lyrics), dramatic works, choreographic works, pictorial and graphic works, motion pictures, sound recordings, and architectural works. Copyright protection attaches automatically at the moment a work is created and fixed — no registration is required for the copyright to exist.
However, registration with the U.S. Copyright Office is necessary before a copyright owner can bring an infringement lawsuit for works of U.S. origin. More importantly, timely registration — before infringement begins, or within three months of first publication — unlocks the right to seek statutory damages and attorney’s fees under 17 U.S.C. § 504(c) and § 505. Statutory damages can range from $750 to $30,000 per infringed work, and up to $150,000 per work for willful infringement. This makes registration one of the most cost-effective steps a content creator or business can take.
Our Michigan copyright lawyers assist clients with copyright registration for a wide range of creative works, including software, websites, artistic works, written content, and musical compositions. We also draft and negotiate copyright license agreements — exclusive and non-exclusive — that define the scope of use, territory, duration, and compensation. A well-drafted license agreement prevents future disputes over who owns what rights and what the licensee is permitted to do.
One area of particular complexity involves work-for-hire arrangements. Under 17 U.S.C. § 101, a work created by an employee within the scope of employment is a work made for hire, and the employer is the author. For independent contractors, however, a work is only a work made for hire in limited categories, and only if there is a written agreement expressly designating it as such. Businesses that commission creative work without proper written agreements frequently discover — too late — that the independent contractor owns the copyright. Our attorneys ensure your contracts capture ownership correctly from the outset.
Copyright infringement occurs when a party exercises one of the exclusive rights of the copyright owner — reproduction, distribution, preparation of derivative works, public performance, or public display — without authorization. 17 U.S.C. § 106. Infringement can be direct, contributory, or vicarious. Online infringement, in particular, has become increasingly prevalent, involving unauthorized reproduction of images, articles, music, and software.
Revision Legal’s copyright litigators handle infringement cases in federal court throughout Michigan. We regularly pursue and defend claims involving unauthorized use of photographs and artwork, music sampling disputes, software piracy, and plagiarism of written content. Our litigation strategy is informed by a practical assessment of the copyright owner’s actual damages, the availability of statutory damages, and the litigation costs relative to the value of the claim.
The Digital Millennium Copyright Act, 17 U.S.C. § 512, provides copyright owners with an administrative mechanism to remove infringing content from online platforms without filing a lawsuit. A properly prepared DMCA takedown notice sent to the platform’s designated agent requires the platform to expeditiously remove or disable access to the infringing material in order to maintain its safe harbor from liability. Our attorneys draft and send DMCA takedown notices on behalf of copyright holders, and respond to counter-notifications when our clients are the target of erroneous or abusive takedowns.
One of the most underutilized provisions of the Copyright Act is the termination right under 17 U.S.C. § 203 and § 304. Congress granted authors — and their heirs — the right to recapture copyright grants made to publishers, record labels, and other licensees, regardless of what the original contract says. Termination rights cannot be waived by contract. For grants of rights made on or after January 1, 1978, authors may terminate the grant during a five-year window beginning 35 years after the date of the grant. Navigating the termination process requires strict compliance with notice requirements and deadlines. Revision Legal has represented artists and musicians in asserting termination rights, recapturing valuable copyright interests from companies that had held them for decades.
If you need experienced copyright counsel in Michigan — whether for registration, licensing, enforcement, or litigation — Revision Legal’s attorneys are ready to help. Contact us today at (855) 473-8474 for a free consultation.
Copyright protection attaches to original creative works automatically upon creation and fixation in a tangible medium. However, federal registration with the Copyright Office provides critical advantages that make it well worth pursuing for any work of commercial importance.
Most significantly, copyright registration is a prerequisite for filing an infringement lawsuit in federal court for works of U.S. origin. Without a registration (or a pending application), a Michigan copyright owner cannot file suit, which means an unregistered copyright is essentially unenforceable through litigation. Additionally, timely registration—defined as registration before infringement occurs, or within three months of first publication—enables the copyright owner to recover statutory damages of up to $150,000 per work for willful infringement, plus attorney’s fees. Without timely registration, a plaintiff is limited to actual damages and the infringer’s profits, which are often difficult to prove and may be modest in comparison to the cost of litigation.
The registration process itself is straightforward for most works. Applications are filed electronically through the Copyright Office’s eCO system, and the filing fee is modest. Registration for a single work typically takes several months to process. Revision Legal helps Michigan clients determine which works to register, prepares and files registration applications, and advises on registration strategies for businesses with large volumes of creative output.
Copyright infringement occurs when someone copies, distributes, publicly performs, or creates derivative works based on a copyrighted work without authorization. Online infringement is pervasive and takes many forms: competitor websites that copy original text, social media accounts that repost photographs without permission, and unauthorized distribution of music, video, or software through peer-to-peer networks or file hosting sites.
Revision Legal represents both plaintiffs and defendants in copyright infringement matters. On the plaintiff side, we send DMCA takedown notices to remove infringing content, demand licensing fees or damages through cease-and-desist letters, and litigate claims in federal court when informal resolution fails. On the defense side, we analyze the strength of infringement claims, evaluate fair use and other statutory defenses, challenge the scope and validity of the plaintiff’s copyright, and negotiate favorable settlements for clients who want to resolve disputes without the cost and uncertainty of trial.
Michigan businesses and content creators who need experienced copyright counsel should contact Revision Legal. Our copyright lawyers handle matters across Michigan and throughout the country. Call us at 855-473-8474 to discuss your copyright needs.
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