Copyright Registration And Licensing Law In Wilmington, DE
Copyright law is what gives authors certain legal rights to their own original works. These legal rights can be broken down into six privileges: distribution, reproduction, derivative works, public performance, public display, and digitally transmitting audio recordings. If the work can be considered a work of fine art, then the author will also hold moral rights to it.
In the event that any of their rights are infringed upon by another person or a company, the owner of the rights may legally bring a copyright suit to enforce them. A film studio cannot use an artist’s song on the soundtrack of their movie without permission. A painter cannot build onto another painter’s existing work because the new painting would be considered a derivative of the old one.
Under the law of the first sale doctrine, when you purchase a copy of an original work of art, you can dispose of your copy by selling it to another person or displaying it. This does not violate the exclusive rights of the artist who created it. However, the first sale doctrine does not protect you, if you make unauthorized copies of an author or artist’s work and distribute them unless the purpose of those copies falls under fair use. A movie critic may quote from a movie script in order to analyze it. Then, a magazine can print and sell copies of that analysis, under the fair use doctrine. A consumer, however, who makes copies of a cookbook that he purchased and sells those copies for profit, is infringing upon the copyright owner’s rights. Copyright issues can become incredibly difficult to navigate and need the review of an intellectual property attorney in Wilmington, DE.
Intellectual Property Attorney for Trademark Prosecution and Brand Protection
Trademark prosecution is a process that begins when you apply for a trademark or a service mark. Two different types of trademark applications exist. In order to correctly file a use based application, the trademark or the service mark you are applying for must be in use in commerce when you file the application. The Trademark Act defines being used in commerce. It is very important to take the steps necessary to determine which type of application needs to be filed as filing the wrong application can be a disastrous mistake. Your registered trademark or service mark can end up canceled via litigation if it turns out that you filed the incorrect application. Do not hesitate to contact a Wilmington, DE intellectual property attorney before submitting an application.
What is Software and Technology Licensing? Does it require an Intellectual Property Attorney?
Licensing software or technology is a process involving a contractual agreement where the licenser sells some or all of their intellectual property to a licensee, after negotiating a payment arrangement that usually includes royalties. Payment to the licenser may take place as one large royalty or a series of royalties based upon the volume of production. A combination of both royalty arrangements may even be agreed upon. Companies based in the US will often license their technology to foreign companies that manufacture and sell products overseas. Always seek out legal advice from an intellectual property attorney in Wilmington, DE to protect your company.
A technology licensing agreement is a good way for your company to jump into a foreign market fast. It is also less risky, financially and legally than fully expanding your company to operate in a foreign country. Licensing is also a commonly used by American companies to bypass barriers to the export of products to certain countries. Licensing can be a very lucrative option for a small company seeking to gain international trade experience. Another use for technology licensing can be to acquire more foreign technology by the use of cross-licensing agreements or what are called grant-back clauses, which award rights to a licensee who develops improved technologies. Disputes over software and technology licensing in Wilmington, DE should be promptly dealt with by a skilled intellectual property attorney.
Cyber Law and the Modern Intellectual Property Attorney
Cyber law, also known as internet law, is the area of law and regulations that have developed since the creation of the internet, guiding exactly how the law governs the use of the web. Unlike other areas of law, cyber law can span many legal fields of practice.
Cyber law most commonly affects the following legal situations:
- Website creation
- The conduct of internet service providers
- The use of trademarks online
- Conflicts that arise online over domain names
- Linking webpages to one another
Privacy Law and Data Protection in Wilmington, DE
Privacy laws were inadvertently brought into existence by the creation of the Fair Information Practice guidelines by the U.S. Department for Health, Education, and Welfare. The universal principles that have been proposed by the guidelines for the privacy and protection of consumer data include:
- Data cannot be collected without a specific purpose.
- Data that is collected cannot be shared without legal authorization or the permission of the person whose data is in question.
- The data saved on people must remain up to date and accurate.
- People must have access to their data in order to review it for accuracy.
- Data is required to be deleted once it has completed its purpose.
- Personal information can only be transmitted to a location where data protection can be assured.
- Not all types of data can be collected.
Privacy law is very, very important to the consumers and other individuals whose data could potentially be compromised. It is also extremely important to the companies who collect data and face harsh penalties for non-compliance. The expert advice of an intellectual property attorney is always worth the investment in Wilmington, DE.
Intellectual Property Litigation Attorney in Wilmington, DE
If you or your company become embroiled in a dispute over intellectual property, you can easily be roped into very expensive litigation. Be sure to seek out an intellectual property attorney in Wilmington, DE for negotiation attempts before you end up in court.