Benjamin Appelbaum, Attorney at Law

Copyright applications need approval before filing suit

New Jersey copyright owners may be interested in a recent decision made by the U.S. Supreme Court. The decision will affect when work needs to be registered with the United States Copyright Office if the filer wants to enforce their rights as an owner. A copyright owner has to have their work registered with this office if they want to file litigation. This underscores the importance of filing copyright applications as soon as possible.

When most people imagine trademarks or copyrights, they think of having their paintings, music, films and photography protected. However, copyright protection also includes articles, advertising, computer software and presentations. The decision made by the U.S. Supreme Court in March 2019 mandates that actual approval of an application filed for copyright protection is required before any suit can be filed. This will be a necessary first step when it comes to intellectual property litigation.

Receiving approval for a copyright application can be a time-consuming process. In fact, it can take up to a year or more. There are ways to make the process go more quickly, but many filers are surprised at the expense. If an individual is interested in protecting their work, they need to file an application with the U.S. Copyright Office as quickly as possible. If some type of copyright infringement arises, this will put them in the best position to protect their property.

A person could consult with a copyright lawyer if they feel like their creative property is being threatened. Some lawyers focus on representing their clients when an infringement issue requires intellectual property litigation. However, legal counsel could also assist a client as they go through the application process.

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Benjamin Appelbaum, Attorney at Law - Intellectual Property

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