Copyright Registration

A copyright gives a person the exclusive right to copy, license, or exploit the intellectual property that embodies a person’s original artistic, literary, musical, dramatic, or creative works as expressed through a tangible medium. The Rapacke Law Group protects its clients through both the defense and prosecution of copyright infringement claims. Our firm can help advise clients on how to avoid potential infringement or we can help after the fact in negotiating licensing agreements and settlements to avoid the need for litigation where possible, although we are prepared to take a case to trial if other remedies are inadequate. In addition to defending and prosecuting infringement cases in federal court, RLG works to effectively eliminate infringement problems through issuing cease and desist letters, negotiation, mediation, and arbitration.

An application for copyright registration contains three essential elements: a completed application form, a nonrefundable filing fee, and a nonreturnable deposit—that is, a copy or copies of the work being registered and “deposited” with the Copyright Office.

When the Copyright Office issues a registration certificate, it assigns as the effective date of registration the date it received all required elements in acceptable form, regardless of how long it took to process the application and mail the certificate of registration. The time needed to process applications varies depending on the amount of material the Office is receiving and the method of application.

Infringement Analysis:

RLG offers clients detailed analyses and opinions depicting whether new or contemplated products would infringe upon the intellectual property of another business. Our firm researches and investigates related products or technology, prosecution history of the competition’s designs, and other similar or related registered intellectual properties. Fully analyzing the scope of a competitor’s product allows RLG to offer clients strategies for developing or introducing new products to avoid giving rise to otherwise inevitable legal battles. For products that are already in existence, RLG provides advice on how to proceed to minimize costs and disruption to the business.

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