Copyright attorneys help by both creating and protecting your copyright. Copyright laws protect your intellectual property and includes creative works of an aesthetic nature usually described as “works of authorship.” Examples of works protected by copyright laws are novels, paintings, musical works, movies, and plays. Under the law, copyright protections are available for any “original work of authorship fixed in any tangible medium of expression.” There are two threshold requirements for copyright protection—originality and fixation.
Copyright Must be an Original and Fixed Work
For a work to meet the originality requirement, it must be created through the application of independent intellectual or artistic effort. A work that is merely copied verbatim from a pre-existing work will not meet the originality requirement. In order to meet the fixation requirement, a work must be “fixed in a tangible medium.” An example of this is a written draft of a novel. Specific categories of work that are protected under copyright laws are literary works, musical works, dramatic works, pantomimes and choreographic works, pictorial graphic and sculptural works, motion pictures and other audiovisual works, sound recordings, and architectural works.
Exclusive Rights and Copyright in Oklahoma
Copyright consists of numerous exclusive rights, such as the right to make copies, the right to perform the work, and the right to prepare derivative works based on the underlying work. As the exclusive owner of a copyright your rights are exclusive and is expressed depending on what the copyrighted piece is. The original work can be a lyric or an original choreograph. It may also include images from a motion picture or other digital transmission.
The Six Exclusive Copyrights in Oklahoma
- To make other works or those other works are based on the copyrighted work;
- To reproduce the work that’s been copyrighted digitally or otherwise.;
- To sell the distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
- In the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;
- In the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly;
- In the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.
Transferring Copyrights in Oklahoma
Under 17 U.S.C. § 201(a), copyrights are transferable in whole or in part. The transfer of all rights associated with a copyright is called an assignment; a copyright owner may also grant another party a license. A license permits the licensee to make specified use of the work upon payment of royalty. A copyright owner may license their exclusive rights. Any activities by a licensee that are beyond the scope of the license would be considered copyright infringement. A non-exclusive license grants the licensee the right to use the property, but the owner may continue to exploit the property.
The Mechanical License Agreement
A mechanical license is a license from the holder of the copyright of a composition or musical work, to another party to “cover song”, reproduce, or sample a portion of the original composition. Under this kind of agreement, the copyright owner is giving another party the right to manufacture and sell products that use their original works. The contract generally lasts for a term of years following the assignment of rights. The assignment of rights may require that the original copyright owner suspend their rights to reprint or otherwise use the right for the period bargained for.
What’s The Musical Composition Worth
The value of your work is only worth what others will pay. This amount can change from time to time depending on the popularity of the work. There is a prevailing statutory mechanical royalty rate for each re-production of a work. The rate is dependent on the length of the work. The present statutory rate is 9.1 cents for recordings that are less than five minutes long. For contracts of this type, a percentage royalty is paid to the owner of a work. This means that every time a copy of the song is made, the owner of the work will be paid.
Copyright Dispute Resolution Lawyers
You’ve spent years developing your craft and its important that you protect it. It doesn’t matter if its a lyric or any other digital copyright, its yours and only you should benefit from it. Sometimes copyright disputes arise and how you respond to them is very important. Once you discover the infringement its okay to give the offender a simple notice. If that resolves the infringement that’s perfect. Otherwise, you may have to file a copyright infringement action. In this action you are asking the court to enjoin the copyright infringement and award you any damages that resulted from the infringement itself. Along the way, before a trial, the Court will order a meditation. At the mediation both sides present their positions and attempt to resolve the dispute. The copyright attorneys at Kania Law Office are well versed in dealing with mediators and work for you negotiating what’s best for you.
Copyright Attorneys in Tulsa Oklahoma
If you own or wish to own a copyright or trademark in Oklahoma our Tulsa copyright attorneys can assist you. From getting your original work of art copyrighted, on to enforcing existing rights, we are involved every step of the way. Its your intellectual property right and we help you protect it. Get a free consultation today with one of our business law attorneys at 918.743.2233