Copyright FAQ’s
Copyright law issues for real estate professionals - FAQ's
Did you know copyrights can be an issue for real estate attorneys and architects?
Here are some frequently asked questions:
Who owns the plans in the building design? The architect or the company that pays for them?
Absent a transfer, the architect will retain the copyright for future reproductions.
What about photographs of famous buildings in movies and television?
These can require clearance before reproduction.
What about artwork in front of buildings such as a sculpture?
The right to reproduce the artwork in a photograph or film remains with the artist, not the owner of the building!
What does a copyright cover?
Any work of authorship, which may include a book, movies, artwork, photography, music, sound recordings, and collections of other copyrighted works.
How does one secure copyright protection?
Go to where the forms are downloadable, with detailed explanations. Fill out the form, send in the work (one copy for unpublished, two for published), together with a check for $ 45
Do I need to register a copyright with the Library of Congress?
The answer is YES, YES, YES!
Why is registration so important?
Two important remedies, statutory damages and attorneys fees for the cost of suing for infringement are not available unless registration of the work was made prior to the infringement. In a copyright infringement action, actual damages are often difficult to prove, so Congress established the right to recover "statutory" damages where actual damages can not be proven. In cases of willful infringement the court can award up to $150,000 per work infringed!
Are there other options available?
Yes, and they are not good ones. There are several myths that we commonly hear. It is important to realize the following are not a substitute for registration of the work with the Library of Congress:
- >Mailing a copy of a work to yourself by certified mail. This may document the date of creation, but does nothing to preserve the right to remedies.
- Registration of a script with the Writers Guild. Again, this is a nice service, and allows for resolution of disputes among writers as to authorship, but does nothing to protect against third party infringement by way of stealing a script or copyrighted work. Without the certificate of registration, your remedies are restricted.
We would love to have you as part of our dream team of clients. Contact Beverly Hills intellectual property lawyer Cheryl Hodgson to set up an appointment.
