Page 69 - Akerman | 2016 Guide to Doing Business in Florida

CHAPTER 7. INTELLECTUAL PROPERTY

Intellectual Property
Michael K. Dixon, Esq. | (561) 671-3621 | michael.dixon@akerman.com

7.1 Federal Intellectual Property Law

7.1.1 Copyright Law
This area is governed exclusively by federal law, Title 17, U.S.C.

(a) In General. Copyright law provides the author of a copyrightable work (or such
person’s employer in the case of a “work made for hire”) with certain specific
exclusive rights to use, distribute, modify and display the work. Generally,
works are entitled to copyright protection for the life of the author plus 70
years. However, as to works made for hire, copyright protection is for the
shorter of 95 years after publication or 120 years after creation. Anyone who
without authority exercises the rights reserved exclusively to the copyright
owner is considered to infringe the copyright and may be liable for actual or
statutory damages and may be subject to injunctive relief.
(b) Copyrightable Works. Works of authorship that qualify for copyright protection
include literary works, musical works (including lyrics), dramatic works,
choreographic works, audiovisual works, pictorial, graphic and sculptural
works, sound recordings and architectural works. The Computer Software
Copyright Act of 1980 expressly made computer software eligible for
copyright protection, a point previously in doubt. The precise scope of
copyright protection for computer software has not yet been fully defined.
Constantly developing technology is likely to present many new issues,
presently unforeseen. All works eligible for copyright protection must meet two
specific requirements. First, the work must be fixed in some tangible form;
there must be a physical embodiment of the work so that the work can be
reproduced or otherwise communicated. Second, the work must be the result
of original and independent authorship. The concept of originality does not
require that the work entail novelty or ingenuity, which are concepts of
importance to patentability.

(c) Advantages of Copyright Registration. Copyright protection automatically
attaches to a work the moment that the work is created. However,
“registration” of the work with the U.S. Copyright Office provides advantages.
A certificate of registration is prima facie evidence of the validity of the
copyright, provided registration occurs not later than five years after first
publication. With respect to works whose country of origin is the U.S.,
registration is a prerequisite to an action for infringement. Registration within
three months after publication or before infringement entitles the copyright
owner to an award of statutory damages and attorney’s fees. Otherwise, the
copyright owner is only entitled to damages, not attorney’s fees. Registration
also is a useful means of providing actual notice of copyright to those who
search the copyright records.

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