Comprehensive Copyright Protection
If you are an architect, draftsman, industrial software designer, publisher, advertising or marketing firm, painter, graphic designer, writer, songwriter or any other type of creative artist – or a manager for a creative artist – copyright issues are more important than you might think. Without adequate copyright protection, your creative works could be pilfered by other artists for their profit and your loss.
Although the legal nuances around copyright law seem far from the realm of the creative arts, failing to handle your copyright matters properly could prove financially catastrophic for your artistic career.
An Experienced Legal Team With A Stellar Reputation
At Carrithers Law Office, PLLC, we serve clients throughout the United States. Our lawyer has exceptional experience and knowledge with a career spanning 36 years, including 17 years as the in-house intellectual property counsel for the Valvoline company. He is supported by a staff of three engineers and a patent draftsman. Together, we focus our legal efforts on protecting our clients’ rights in intellectual property law issues, including copyright protection. Our experience, focus and track record of success have earned us a reputation as a premier intellectual property law firm.
Securing Copyright Protections
We have represented clients with all types of artwork and intellectual property. This includes written textual material, music, paintings, prints, industrial designs, toy and doll designs, sports equipment, visual art and designs, clothing, jewelry, furniture, computer software and phone apps, and combinations thereof.
Some of our more interesting copyright work was for the Elvis Presley collection, including:
| Eagle Buckle VA1-372-266 | Gypsy Belt VA 1-366-335 |
| Peacock Cape VA 1-381-106 | Old Indian Belt VA 1-366-336 |
| Double Disk Buckle VA 1 -348-136 | Alpine Suite VA 1-366-337 |
| Owl Buckle VA 1-366-327 | Dragon Suit VA 1-366-338 |
| Saturn Buckle VA 1-366-328 | Dragon Belt VA 1-366-339 |
| Gypsy Suit VA 1-366-329 | Peacock Suit VA 1-366-340 |
| Old Indian Suit VA 1-366-330 | Peacock Belt VA 1-366-341 |
| Fish KOS. Buckle VA 1-366-331 | Prehistoric Bird Belt VA 1-366-342 |
| Tiger Belt VA 1-366-332 | Sundial Suit VA 1-366-343 |
| Tiger Belt VA 1-366-332 | Prehistoric Bird Suit VA 1-366-344 |
| Tiger Suit VA 1-366-333 | Sundial Belt VA 1-366-345 |
| Alpine Belt VA 1-366-334 | ELVIS BELT #2; VA 1-232-668 and ALOHA COSTUME VA 1-279-195 |
In the late 1970s and throughout the 1980s, Elvis Presley Enterprises became very interested in protecting the King’s image. By registering the copyright for the specific artwork on the suits (the embroidery patterns of the owls, dragons and suns), they could legally prevent others from selling unauthorized replicas or using the designs on merchandise.
Frequently Asked Questions
There is a lot of confusion about the need for copyright and what a copyright actually does for the creator. Below are answers to some of the questions we hear most often.
Why should I register my copyright if protection is automatic?
While it is true that copyright protection attaches the moment an original work is fixed in a tangible medium, federal registration with the U.S. Copyright Office is essential for meaningful enforcement. First, registration is a legal prerequisite to filing an infringement lawsuit in federal court. Second, if you register your work within three months of publication (or prior to an infringement), you become eligible for statutory damages and the recovery of copyright attorney fees. Without timely registration, you may only be entitled to actual damages, which are often difficult and expensive to prove. Registration also creates a public record of your ownership, serving as a powerful deterrent to potential infringers.
What is the difference between a work made for hire and independent contracting?
The distinction centers on who legally owns the intellectual property at the moment of creation. In a work made for hire arrangement, typically involving a traditional employee acting within the scope of their employment, the employer is legally considered the author and initial owner of the copyright.
However, when working with an independent contractor, the contractor generally retains ownership of the work unless there is a written agreement to the contrary. For a work to be classified as a work made for hire for a nonemployee, it must fit into specific categories defined by the Copyright Act and be evidenced by a written instrument. At Carrithers Law, our copyright attorney drafts precise work-for-hire agreements and assignments of rights to ensure that businesses, rather than outside vendors, maintain full control over their proprietary assets.
How does the Digital Millennium Copyright Act (DMCA) protect my online content?
The Digital Millennium Copyright Act (DMCA) provides a structured legal framework for addressing digital piracy and the unauthorized use of your content on the internet. It provides a notice and takedown procedure that allows copyright owners to notify service providers (like websites or hosts) of infringing material.
When a proper DMCA notice is sent, the provider must remove the content quickly to maintain their “safe harbor” protection from liability. Furthermore, the DMCA prohibits the circumvention of technological protection measures (such as digital locks or encryption) used to protect your works. We assist clients in navigating the DMCA process to swiftly remove infringing content while ensuring compliance with federal standards to avoid counterclaims or litigation.
Contact Carrithers IP Today
Call us today at 502-452-1233 or email us to schedule a consultation with an experienced copyright attorney.