Copyrights

Copyright is a form of intellectual property protection provided by federal law and by foreign treaties and conventions. Lucas & Mercanti has a tradition in representing authors as well as the artistic creators of other works in all aspects of copyright law. This protection extends to the authors of “original works of authorship,” including literary, musical, dramatic, audiovisual, pictorial, sculptural, architectural and certain other artistic and intellectual works. Certain computer software programs are also entitled to copyright protection. In addition, this protection is available to both published and unpublished works.

The owner of copyright has the exclusive rights to do and to authorize any of the following:

• reproduce the copyrighted work;

• prepare derivative works of it;

• distribute copies of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending – as copyright is a property right;

• in the case of literary, musical, dramatic, motion pictures and other artistic and audiovisual works, perform or display the copyrighted work publicly;

• in the case of sound recordings, perform the copyrighted work publicly by means of a digital audio transmission.

Our lawyers assist in the preparation of U.S. and international copyright applications. Our lawyers can also tailor work-for-hire agreements to address the copyright issues that might arise during an engagement.

Whether involving such literary works as books, periodicals, manuscripts, film, tapes, or disks, our lawyers are experienced in preparing or reviewing the myriad of issues that arise in publishing agreements governing such works.

Our lawyers can also prepare a transfer of ownership to cover a sale of the copyright or a licensing agreement. In fact, copyrighted works are often licensed – to authorize a particular use under a fixed set conditions.

In addition, our lawyers have experience in both bringing and defending copyright infringement claims in court. Federal law governing U.S. copyright protection is multifaceted. In general, for works created on or after the duration of copyright protection do exist.