Copyrights
Copyrights are one of the three primary types of intellectual property (IP). They serve as legal defense mechanisms for creative works that protect the rights of artists, writers, musicians, and creators. Copyrights cover a wide range of creative works, including literature, music, visual arts, and even software.
Copyrights provide their owners the exclusive right to reproduce, copy, distribute, create derivative works, perform, and display their work. They basically act as an insurance policy for creators, preserving their artistic vision and allowing them to decide how their works are used and shared with the world. Copyrights typically last for the author’s lifetime plus 70 years, ensuring that copyrighted works remain protected for quite some time and can benefit their creators and descendants.
Copyright protection extends to an original copyrightable work from the moment it’s put into a tangible form. However, obtaining a registration with the United States Copyright Office (USCO) provides more robust protection and the ability to take legal action against those who might use a work without permission.
In addition, moral rights are a set of rights associated with original and creative works that protect the personal and reputational interests of authors. These rights are distinct from the economic or financial rights granted to copyright holders. Moral rights are designed to recognize and preserve the creator’s connection to their work and ensure that their artistic integrity and reputation are upheld. They are sometimes referred to as “personal rights” or “author’s rights.”
In the U.S., moral rights are protected through various federal and state laws, in addition to the protection provided by the Visual Artists Rights Act (VARA) of 1990. Some states or territories, such as Puerto Rico, New York, and California, also offer moral rights protection.
Copyright Services
To obtain a copyright registration in Puerto Rico, an application must be filed before the USCO. Also, to obtain a moral rights registration in Puerto Rico, an application must be filed in the Puerto Rico Intellectual Property Registry.
As copyright attorneys based in Puerto Rico, we advise clients on the filing and prosecution of copyright applications in the USCO and moral rights applications in the Puerto Rico Intellectual Property Registry. We further assist our clients in all phases of the copyright and moral rights application process, including title searching, drafting and filing of applications, preparing amendments, and responding to communications by the corresponding offices.
We also manage several other copyright and moral right related matters. Some of our services include:
Copyright Registration
To register copyrights in the United States Copyright Office (USCO), an applicant is required to fill out and submit a copyright application.
Find out more information about U.S. copyright registration on the USCO website by clicking the following link.
Moral Rights Registration
To register moral rights in the Puerto Rico Intellectual Property Registry, an applicant is required to fill out and submit a moral rights application.
Find out more information about the registration of moral rights in Puerto Rico on the Puerto Rico Intellectual Property Registry website by clicking the following link.
Work Made for Hire Agreement
Serves to ensure that someone hired to create a work transfers all copyrights to the person that hired them.
Request for Reconsideration
Used for responding to a notification from an examining office related to issues with a copyright or moral right application.
Infringement Opinion
Opinion used to identify any potential or actual infringement of copyrights or moral rights.
Title Search and Ownership Opinion
Serves to identify specific information about ownership, publications, transfers, derivative works, or public domain status of copyrights or moral rights.
Recording of Documents
Any transfer of copyright ownership or other document pertaining to a copyright, such as assignments and licensing agreements, may be recorded in the USCO.
Assignment
An agreement where a copyright holder transfers their right, title, and interest in a copyright and/or copyright application.
Licensing Agreement
A copyright owner may grant others the authorization to use, distribute, reproduce, display, perform, and/or create derivative works of a copyrighted work, under a set of pre-established conditions.
Portfolio Management
Serves to monitor and provide advice on how to best maintain strong copyright and/or moral right protection.
Litigation and Enforcement
Includes investigations, replying to or sending cease & desist letters, take-down notices, filing of lawsuits, litigation, and settlement negotiations.
