Are you an artist or creative? Then you know that the most difficult thing about creating art and other content is the actual creation of that work. The second most difficult thing is getting other people’s attention to focus on the thing you have created and getting them to buy it so that you can make a living. After all of that hard work, you want to protect your intellectual property (IP) so that you have the exclusive rights to sell, reproduce, modify, and profit from said IP. This protection is technically automatically assigned to the creators of any intellectual property. But going a step further to register the copyright for your work can better guarantee that your work is protected and that your authentic ownership of the IP is absolute.
Legal copyrights protect the following:
- Architecture and blueprints.
- Audiovisual works.
- Cartoon characters and comic books.
- Computer software programs.
- Fiction books.
- Graphic design.
- Music and lyrics.
- Non-fiction books.
- Original manuscripts.
- Paintings and drawings.
- Performance art.
- Photography and pictures.
- Radio and podcasts.
- Sound recordings, phonographic records, CDs, and digital music.
- Stage plays and their associated choreography and music.
- And more.
Copyrights do not protect methods, systems, concepts, basic ideas, facts, discoveries, names, data, or titles.
For assistance registering your copyright and securing the future of your creative endeavors, it is advisable that you seek legal advice from a professional copyright attorney. At our law firm, we offer legal services for a number of business and copyright legal matters, including the registration of new copyrighted materials. To learn more about the services we offer, please contact our Daytona Beach-based law offices to schedule an in-depth case evaluation.
Who Owns the Copyright for Works Made for Hire?
Usually, the artist or creator who originally created the intellectual property is considered the copyright holder. However, that does not necessarily apply to works that were made for hire.
Examples of works for hire include artists hired to create works for their employers, writers hired to write a licensed property for a studio, and other creatives hired on commission. Typically, in these situations, the one who hired the creative holds the copyright and not the artist. However, if there is uncertainty about the ownership of the copyright, then you are encouraged to contact experienced copyright lawyers to discuss your case. Your copyright attorneys will investigate the facts surrounding the art and the creation of said art to determine who truly holds the exclusive rights to the intellectual property.
Works made for hire enjoy a copyright lifespan of 120 years from creation and 95 years from publication.
Are AI-Created Works Protected by Copyrights?
A decision handed down by the U.S. Copyright Office, a government body part of the Library of Congress, ruled against copyright protections for AI-created artworks. That means that art, music, writing, and film created via artificial intelligence cannot be copyright-protected. The decision was made about a case surrounding an AI-created comic book titled ‘Zarya of the Dawn.’ Though this piece of art contained original writing, the visual art was all created by the AI program Midjourney, rendering the comic inadmissible as for a copyright.
In addition to Midjourney, art created by other AI programs like ChatGPT, Dall-E, Hotpot, NightCafe, and OpenAI are also considered invalid for copyright protection. Such copyright protection extends to the exclusive rights to license, sell, or profit from AI artwork.
If you’ve found yourself in a case involving AI-created artwork and copyright legal questions, please get in touch with our law firm for legal assistance. Our firm serves clients in Orlando and the surrounding Central Florida area. If you have any questions or concerns, please get in touch with our law firm to learn more about the legal services we offer.
How Long is a Copyright Good For?
Copyright law is specific to the time a piece of work was created. That’s why so many old movies and pieces of music are now part of the public domain.
Any work created or published after January 1st, 1978, shall enjoy copyright protection during the author’s life, plus seven decades of copyright protection after the original author’s death. The works of Jane Austen, Lewis Carrol, and Edgar Allen Poe, just as a few examples, are all in the public domain because the authors passed away an entire century ago.
Works created or published before January 1st, 1978, have a copyright life of 28 years, with the option to renew the copyright for an additional 67 years. This totals to a full copyright lifespan of 95 years.
What Can You Do if Your Copyright Was Infringed Upon?
If your copyrighted material was stolen, you can issue a cease-and-desist order. You can require that the individuals profiting from the theft of your copyrighted material destroy all remaining copies of the copyrighted works.
In some cases where you can prove that you suffered losses due to copyright infringement, you may be able to pursue damages. These damages can help cover your financial losses, and your legal fees, and also claim the profits that the accused gained through the misappropriation of your work.
If you believe that your works have been infringed upon, you must consult with a lawyer immediately.
Contact Us Today to Schedule Your Initial Consultation
Lankford Law Firm has years of experience representing clients all over Central Florida with cases involving copyright registration and copyright violations. We proudly offer personalized, efficient, and low-cost legal representation to our clients, believing ourselves to be your legal partners as you continue down your creative path.