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Contact us today for a Edward A. Maldonado, Esq. Join us on Word Press Proud Alumnus of
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"Great discoveries and improvements invariably involve the cooperation |
Our firm’s copyright services are client-driven in that our representation is focused on securing copyright of a client’s “works” for the purpose of mass distribution over a variety of mediums including broadcast, internet, communications, and visual media. Our primary experience has been largely associated with software and music for clients in South Florida and Miami. However, the firm services include the drafting of licensure agreements for sale or distribution of copyrighted material related to Internet image rights used on websites or e-commerce, paparazzi photographs, images unique to company brandied marketing materials (distributed online), authored content of bloggers, authored content for sale and re-distribution in electronic forms, copyrights over trade dress of prepaid calling cards, and multimedia compilations of music and image works used by DJs. Our services include the federal litigation of copyright infringement either in the prosecution of infringers or the defense of infringement claims.
Often in our first consultations with copyright clients, we are asked “what is a copyright” and what can be “copyright protected”. We have found it beneficial to provide some limited information on this website, in order to make our consultations more productive.
A copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of a copyright the exclusive right to do and to authorize others to do the following:
• To reproduce the work in copies or phonorecords
• To prepare derivative works based upon the work
• To distribute copies or phonorecords of the work to the public by sale or other transfer of
ownership, or by rental, lease, or lending
• To perform the work publicly, in the case of literary, musical, dramatic, and choreographic
works, pantomimes, and motion pictures and other audiovisual works
• To display the 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
• In the case of sound recordings, to perform the work publicly by means of a digital audio
transmission.
In addition, certain authors of works of visual art have the rights of attribution and integrity as described in section 106A of the 1976 Copyright Act. For further information, request Circular 40, Copyright Registration for Works of the Visual Arts. It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright. These rights, however, are not unlimited in scope. Sections 107 through 121 of the 1976 Copyright Act establish limitations on these rights. In some cases, these limitations are specified exemptions from copyright liability. One major limitation is the doctrine of “fair use,” which is given a statutory basis in section 107 of the 1976 Copyright Act. In other instances, the limitation takes the form of a “compulsory license” under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions. For further information about the limitations of any of these rights, consult the copyright law or write to the Copyright Office.
In the area of Copyright Registration, our sServices include:
Likewise, we can also assist you with any copyright infringement matters. If you have a case of copyright infringement, contact our lawyers so that we may help you protect and enforce your copyrighted works. In addition to enforcing copyrights, we defend copyright infringement allegations. In a copyright claim, your damages may include the profits that you have lost as a result of an infringer's activity or statutory damages imposed by a judge or jury. In addition, a court may also award you your reasonable attorneys' fees. We will aggressively pursue your claims to recover maximum compensation for your losses resulting from a copyright infringement.
The most popular form of copyright infringement today is the copying and commercial re-use of content of another’s website materials used in e-commerce. Similarly blog posts and other forms of open dialogues on the Internet can be plagiarized. Contact us for a due diligence investigation is you believe your content has been taken.
Contact our firm today at (305) 477- 7580, Toll-Free at 1-877-245-6326, or via e-mail for general questions as to our specific services or representation on a particular matter.
Individuals and businesses facing the threat of imminent lawsuits, regulatory Enforcement Actions or criminal charges are urged to contact The Law Offices of Edward A. Maldonado PA today to schedule a complementary consultation from our South Florida law firm. Time is always of the essence in such cases.
Most of all, thank you for visiting The Law Offices of Edward A. Maldonado PA website. Let us know if this site and its links were a helpful resource as a prospective or existing client.