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Intellectual Copyright Law

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What Is Intellectual Property Law?

Intellectual property law copyright regulates public use of such honourable works by gifted and resourceful individuals.
Intellectual property law refers to any outcome of the human intellect that the federal laws protect from unauthorized and unwarranted use by third parties. It comprises patents, copyrights, trademarks, and trade secrets. Copyright and intellectual property law create the owner’s monopoly in the market by prohibiting free use and sale of the protected intellectual property by other individuals who may be peers or competitors. Federal laws govern intellectual copyrights, and intellectual copyright laws protect the rights of the content creators of literary, musical, sculptural pieces, and audio-visual arts or compositions. Creative works should be registered with the US Copyright Office to be enforceable.
Intellectual copyright law is comparable (though distinct from) to the law of tangible property. Simply put, the intellectual property owner has to “fix” or record their products of artistic expressions as tangible services that the public can perceive in some form (audio, visual, or both) to be conferred upon a set of rights. Tangible property owners of land and personal property can claim exclusive ownership of possession, which is not true of owners of intellectual property rights copyright. Intellectual property copyright laws ensure that the originator or inventor of artwork or invention is duly compensated for their endeavour by protecting their work in the public domain from indiscriminate and unethical use. Intellectual property law copyright regulates public use of such honourable works by gifted and resourceful individuals. 

Challenges In Protecting Your Copyright and Intellectual Property Rights

Living in times of information explosion with cutting-edge technology making things super accessible to the ordinary person at the click of a button leads to innumerable challenges in protecting one’s intellectual property and copyrights. Lines are blurring as copyright attorneys are inundated with requests to fight or defend intellectual copyright infringement cases.
Let’s shed light on some challenges that threaten to protect your copyright and intellectual property rights.

● Information Overload

It gets increasingly difficult to regulate users’ behaviour when creative content is released from multiple entry points across several public platforms. Similar content is generated all the time but given the absence of clarity in copyright and intellectual property law regarding what can or cannot qualify as ‘fair use,’ creators are always at loggerheads and disputing over intellectual copyright infringement.

●Discreet Sharing

The downside of technology is that it has made everything ubiquitous and easily accessible on the web. Most of the innovative work passes off into the hands of users without sanction, and there is little respect for compliance. It isn’t easy to track the extent of use and if the imported content qualifies as legitimate. Even the best lawyers cannot fully guarantee to protect your intellectual property rights such as copyright in this age of fast technology. It is typical for the creative content of unknown authorship to get lost amidst this tide; it gets violated easily by multiple users on electronic media where the bulk matter is further shared invisibly by countless other sources across numerous channels.

● Global Reach and Plurality of Locations

Content usage cannot be uniformly monitored when it spreads across the country, moves beyond borders, and fans across the globe. In the age of information technology, it is demanding on the part of an attorney to assure complete intellectual copyright protection to the owner for their creativity, such as a poem, a novel, musical composition, dance performance, directorial venture, exquisite photographs, or a painting.

● Illiteracy In Copyright and Intellectual Property Rights

Indeed, all artists are not equally aware of their rights, privileges, and copyright and intellectual property law provisions. Some artists are unsure how to get federal permissions for copyright and procure licensing. In some cases, infringements are unintentional because of shallow research work. In most cases, users are deluded into believing that what is available for public consumption (online content) is free.

● Copyright Rules Are Not Fixed

No two countries have the same copyright laws, leading to users’ confusion. This results in no- holds-barred online content sharing among users, and neither can they be held accountable for any offense.

What Is Copyright Infringement?

Intellectual copyright infringement refers to exploiting the creative works of a copyright holder wilfully or otherwise, without their authorization and trespassing upon their exclusive monopoly rights—theft or stealing others’ creations and presenting them as your amounts to copyright infringement.
Owners must primarily have their content registered with the US Copyright Office to enforce their rights. They can send one or multiple ceases and desist letters to the infringer, asking them to stop using their creations on the grounds of identicality. The owner must possess solid evidence to prove the infringer guilty. They can further take up the matter in a federal district court if the infringer fails to respond to their letters.
The infringer stands an excellent chance to lose against a valid claim unless they have a strong defence in their favour, like:
● If the copyright duration of the original work has expired
● They were unaware that the work was protected by copyright
● If they are not guilty of unfair use and created the content independently without reference and importing
● They procured sanction from the copyright owner and had the liberty to use their work
If a plaintiff successfully proves copyright infringement, financial damages of the infringer may be proportional to the lost market value of the copyright owner and the net profit earned by the infringer. It is difficult to put an amount to the statutory damages as compensation, but it will be as the Court deems fair and reasonable. Wilful infringement can attract criminal penalties and stringent punishment besides a steep compensation. The Court may also reduce statutory damages to the infringer if it believes the act was unintentional.

How We Help Protect Copyright Infringement?

IPExcel boasts of a panel knowledgeable in intellectual property and copyright laws and adept in defending their clients who are accused and dragged into copyright litigations. However, we try our best for our clients not to come to such a pass.
When you hire our services as your trusted partner in copyright solutions, we assist you through the entire process of copyright registration with the US Copyright Office to duly mark your work in the public domain. This is only one of the elementary precautionary steps we take to help our clients enforce their rights in the face of infringements and to protect their valuable work. We routinely counsel our clients about the legal implications of copyright infringements and the costs involved (financial and other personal/professional damages).
Get in touch with our team at IPExcel today to learn the legal procedures we apply to protect you against copyright infringement.

How Can IPExcel Help You?

IPExcel is one of the top global intellectual properties (IP) service providers with the most efficient copyright practitioners on its team. The following are the best reasons for you to choose IPExcel over any other:
● Indubitable industry expertise 
● High-tech intellectual property service provider
● Intellectual property advisor with specialized knowledge and vast experience in trademark and copyright laws
● Aggressive and relentless advocacy in case of copyright infringements or false claims
● Specialist in providing IP services and managing diverse issues related to copyright inventions, copyright patents, and copyright trademark
● Your most trusted partner in providing end-to-end solutions in IP.
● They have the backing of a loyal clientele.
Get in touch with our team today to discuss your urgency, and we will be happy to extend our services to our best capacity.

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