Copyright protects the expression of an idea in an original work of authorship. Commonly recognized works which are subject to copyright protection include literary works, visual art, photography, software programs, sculpture, music, sound recordings, dramatic works, choreography, motion pictures, architectural designs and audio visual works. Attached to each copyright is a bundle of rights recognized by law. The bundle of rights associated with a copyright includes the right to control 1) reproduction of the work, 2) preparation of derivative works, 3) distribution of copies of the work, 4) public performances of the work and 5) public display of the work.
Espinosa Martinez PL understands that your creative works are important to you. Whether you are the artist who needs to protect, license or sell his or her work or the company acquiring copyrighted works, you need to be certain that all bargained-for rights are legally conveyed and protected.
Our attorneys work with you to assess the rights being conveyed and to properly tailor the agreements to reflect your goals. Although a copyright arises automatically upon creation of the work, there are additional steps that may be taken to fortify the rights associated with the copyright. Our attorneys help you register your works with the U.S. Copyright Office of the Library of Congress in order to obtain additional rights including the right to enforce the right in federal court and to collect enhanced damages against infringers.
Although we strive to avoid litigation for our clients, sometimes litigation or arbitration is unavoidable in preventing an infringement or defending a claim. In addition to the federal and state courts in South Florida, the attorneys at ET Law have defended and prosecuted intellectual property cases throughout the United States including the Federal District Courts for the Middle District of Florida, Eastern and Southern Districts of New York, Central and Northern Districts of California, District of Arizona, Northern District of Alabama, Eastern and Northern Districts of Texas, Southern District of Ohio, District of Puerto Rico, and Central District of Illinois. Similarly, we represent clients seeking to arbitrate in the U.S., including cases involving foreign disputes which would otherwise require litigation in less favorable foreign jurisdictions. Our attorneys are aggressive, imaginative and use all available resources to put our client in the best position to either resolve the case through settlement or win the case at trial.
One of the ways in which ET Law seeks to avoid litigation is by carefully drafting its domestic and international license agreements for our clients. Often times, carefully thinking through the relationship intended by the parties can help in crafting an agreement which prevents litigation, and, if litigation is triggered, protects our client. Always sensitive to the jurisdiction where the license or agreement is to be applied or enforced, we are familiar with foreign recordation requirements necessary to protect our client’s rights. Furthermore, we are familiar with collateral devices which can be used to enhance such rights such as the use of other intellectual property rights in combination, sanitary certificates and customs recordation.