Copyright Lawyer in Central Florida

Safeguarding Creative Materials Through Copyright Law In Daytona Beach and Surrounding Areas

A copyright is an effective way to protect your original creative works and your right to profit from those creative works. Licensing is a practice that allows a copyright holder to grant limited usage rights to another party, typically for a fee. But copyrighting and licensing can be quite complex, and if not done properly, you can miss out on profits. This is something our Central Florida intellectual property lawyer know well.

Copyrighting falls under a branch of business law that’s known as intellectual property law or IP law for short. In addition to copyrighting new works and licensing existing works, a copyright lawyer will also handle cases of infringement. Copyright infringement cases are not always straightforward, and there can be some debate about what constitutes “fair use.”

But this is where you can benefit from working with an experienced licensing and copyright attorney. At the Daytona Beach law offices of Lankford Law Firm, you’ll work with a well-known IP and business attorney. Our legal team is well-equipped to handle a broad range of cases, from copyright infringement and licensing, trade secrets and unfair competition, non-disclosure agreements, business contracts, trademarks, negotiation, and beyond.

Speak with the Florida business lawyer of Lankford Law Firm to schedule an initial consultation at (386) 866 2126.

Copyrighting and Licensing Copyrighted Materials In Florida

Copyright law can be rather complex, and many who are seeking to get a copyright or license for copyrighted materials have never done so before. Therefore, it can be useful to work with a top intellectual property lawyer who can answer your questions and address your concerns. Here’s a look at some of the most common questions our IP lawyer receive on this topic.

What Creative Works Can Be Copyrighted?

You can copyright lots of different creative works, providing you meet three criteria:

• Originality – The works must be original and unique;
• Fixation – The works must be fixed or “locked” in a permanent state, and
• Expression – The works must be an expression of an idea.

What Are Examples of Assets That Can Be Copyrighted in Florida?

Copyrighting can be used to protect items such as:

• Written content, such as a book, website content, or article;
• Photographs and images;
• Graphics and artistic works;
• Songs;
• Screenplay or script;
• Movies and films, and
• Computer software programs.

What Can’t Be Copyrighted?

It should be noted that copyright cannot be used to protect an idea. For instance, you may have an idea for a storyline about a dog who digs up buried treasure. You cannot copyright that idea, but you can copyright an expression of that idea, such as a children’s book depicting the story or a short film depicting the story.

Additionally, copyright law (and trademark law) offers no protection to titles of individual works. What’s more, you cannot copyright a brief phrase or tagline, although it is possible to trademark certain phrases and taglines. For example, Nike has trademarked the phrase “Just Do It” as one of its branding elements.

Copyright Infringement

Copyright infringement occurs when someone exploits your creative work without your permission. As one of the many copyright owners in the marketplace, you hold the exclusive right to decide who can display or distribute your original content. This unauthorized use by others can hurt your brand and diminish your competitive edge.

Under Florida law, your work receives basic copyright protection the moment you create it in a fixed form. However, completing the formal registration process provides you with much stronger leverage in a legal dispute. If you register your work before a violation occurs, you may become eligible to collect statutory damages; these set amounts can be significantly higher than basic lost profits.

I help you monitor your work and take action when others cross the line. By establishing a clear legal record, you ensure your innovations remain your own. Please contact my office to discuss how I can help you secure your creative legacy.

What Is The Process of Copyright Licensing?

Copyright licensing refers to the practice of granting permission to another party who wishes to use (and typically profit from) your copyrighted works. An express license permits a third party to use copyrighted materials while the original copyright holder maintains ownership rights to the creative works in question.

For example, let’s say you authored a short story, and now, a publisher has offered to publish this short story in a compilation of inspiring stories. So, you might opt to grant a license to this publisher to use your short story in their compilation book.

In most cases, licensing involves the exchange of money, but this is not necessarily the case. For example, if you created a series of dog portraits and a local animal shelter asks for permission to use your portraits in a calendar that they’ll sell as part of a fundraiser, you might opt to grant a license to the animal shelter without charging a fee.

It’s also important to note that some limited uses of copyrighted materials fall under the realm of fair use. Contact our copyright lawyer in Central Florida to learn more.

What’s Considered Fair Use?

Fair use refers to a few very specific uses of copyrighted works. Fair use doctrine applies to the following:

• Criticism or parody;
• News reporting; and
• Teaching or research.

When determining if a case involves fair use, additional points may be taken into consideration, such as the context/circumstances of the use, whether the works were used in part or in whole, and whether there is an impact on the market value of the works.

If copyrighted works are reproduced without an express license and outside of the realm of fair use, you may have grounds for a copyright infringement claim. A civil claim can serve as a mechanism for recovering damages.

Contact Our Copyright Lawyer in Central Florida To Protect Your Creative Works

Our Central Florida copyright lawyer can prove to be an important ally for any creator who is seeking to protect their works. Copyright licensing requires very specific licensing agreements that must be precise, non-ambiguous, and specific in the permitted scope of usage.

In cases where you’re seeking to pursue someone who has committed copyright infringement, you’ll need help from a very experienced intellectual property lawyer who can help you determine if you have a viable claim. Copyright and IP laws are quite complex, and there are many areas that require at least some degree of legal interpretation. So, you must work with a lawyer who has significant experience and knowledge in this area.

The Lankford Law Firm was founded by Attorney Lankford, a very experienced business and IP attorney who is prepared to assist with everything from copyrighting and trademarking to trade secrets, business negotiations, contract matters, and addressing allegations of unfair competition. So, if you need help with a copyright law issue, a copyright infringement case, or a copyright licensing matter, get in touch.

Contact our experienced Florida business attorney to discuss your case in a confidential consultation session.