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Brown & Blaier, PC / Business law

Copyright attorneys.
Creative work. Clear rights.

Brown & Blaier helps businesses and creators address copyright protection, ownership, registration, and licensing. We connect the rights in your content and software to the way your business creates, shares, and uses them.

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Inquiries open our firm’s MyCase contact form.

At a glance

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Copyright basics
Ownership & licensing
Protecting rights
Copyright basicsOwnership & licensingProtecting rights
The foundation

What is a copyright?

Copyright protects original works of authorship fixed in a tangible medium of expression. Protection generally arises when a qualifying work is created and fixed; registration is a separate step. Copyright protects expression, rather than the underlying idea, method, or system.

The Copyright Act recognizes eight categories of works:

  • Literary works, including qualifying computer programs.
  • Musical works, including accompanying words.
  • Dramatic works, including accompanying music.
  • Pantomimes and choreographic works.
  • Pictorial, graphic, and sculptural works.
  • Motion pictures and other audiovisual works.
  • Sound recordings.
  • Architectural works.

Depending on the work, exclusive rights can include reproduction, distribution, adaptation, public performance, and public display. Those rights are subject to statutory limitations, including fair use. Read the Copyright Office’s overview.

Copyright services

Ownership and use deserve
as much attention as registration.

Registration and protection

We help clients consider what to register, who owns the work, and the information needed for an application. Timing matters to enforcement options and potential remedies; filing an application does not guarantee registration.

Commissioned and employee work

A development invoice or payment for creative work does not, by itself, answer every ownership question. Review the relationship, work-made-for-hire rules, and written assignment terms before assuming the company owns all rights.

Licensing and permitted uses

A license can address how content or software may be used, where it may be distributed, whether it may be modified, and the compensation due. We help align those terms with the intended relationship.

Transfers and business transactions

Under 17 U.S.C. § 204, transfers of copyright ownership generally require a signed writing, except transfers by operation of law. Copyright Office recordation is generally voluntary, but can have important legal consequences.

Duration, agreements, and enforcement

Can I lose my rights?

Copyright has a limited term. For many works created on or after January 1, 1978, it generally lasts for the author’s life plus 70 years. Works made for hire and certain anonymous or pseudonymous works generally have a term of 95 years from first publication or 120 years from creation, whichever expires first. Older works and special circumstances require separate analysis. See 17 U.S.C. § 302.

Transfers, licenses, and other agreements also affect what a rights holder may do. Before signing a broad grant, consider exclusivity, duration, permitted uses, sublicensing, and termination. Ownership of a physical copy is different from ownership of the copyright.

If another party is using your material, preserve the relevant records and obtain advice about ownership, permissions, defenses, and available options. A copyright dispute should not be assessed from a screenshot or similarity alone.

Before you get started

Questions we hear.

Do I have copyright without registration?

A qualifying original work is generally protected when created and fixed. Registration is separate and can be important for enforcement and remedies. The timing and requirements depend on the work and the claim.

Can I use material I found online?

Online availability does not establish permission. Review the license, the rights holder, the intended use, and any applicable exception. Attribution alone does not resolve whether permission is needed.

Are copyright disputes handled only in federal court?

Many infringement disputes are brought in federal court, but the Copyright Claims Board offers a voluntary alternative for certain eligible smaller claims. The right forum and available remedies depend on the circumstances. Learn about the Copyright Claims Board.

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Intellectual propertyTechnology contractsWebsite agreements
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and the rights you need.

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Brown & Blaier, PC
36 W Main Street, Suite 204
Freehold, NJ 07728
732-490-8200

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