What is copyright and why is it necessary?

| Jun 18, 2020 | Intellectual Property Litigation |

The inventive process is unique to every artist, writer, or originator of creative expression. All across New Jersey and throughout the country, individuals work to develop their own images, words, movies, and other works of creative representation in order to share their ideas and their passions. When an individual creates a work of their own making, they have the right to protect it through copyright law.

A copyright is a protection that has its origins in the United States Constitution. Generally, individuals have a right to the developments they create without the use and infringement upon those developments by others. For example, if a composer copyrighted their new song so that it was protected from use by others, they may be able to sue and seek damages against a party that produced a very similar song of their own.

Securing a copyright is a process and requires an individual to file paperwork in order to establish protections. While an individual may not feel as though their developed work is worthy of copyright protections, they may later come to regret skipping the process if another party took their idea, sought to copyright it on their own, and later marketed it for a profit. Without copyright protection, the originator of the development may have no grounds on which to seek damages against the other party.

At its core, copyright protection provides a person with the exclusive use of their development. It prevents the use of the copyrighted development from both accidental and intentional infringement. With a copyright, an individual may seek a range of damages to protect their work, from financial compensation to injunctions to prevent its further use.

Copyright protection is a part of the vast world of intellectual property law. Readers are encouraged to speak with attorneys that work in this specific field as the copyright process can be complex to navigate. No part of this post should be read as legal advice and individuals may seek their own counsel for their copyright questions.

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