Bill Hulseys Patent Lawyer is the founder of HULSEY PC and practices in Austin, Texas and Memphis, Tennessee. Bill Hulsey Patent Lawyer established HULSEY PC to apply a highly developed specialty and experience in a broad span of technical fields. Bill Hulsey Patent Lawyer takes great pride in serving emerging growth companies competing in global markets with products and services relating to renewable and sustainable energy technologies, life sciences, electronics, environmental innovations, software, and aerospace technologies.
8. The Copyright Application Process
To register a work, the applicant sends in an:
Prepare an application form;
Send in a filing fee ($50.00); and
A deposit of the work being registered.
Types of forms:
Form TX – literary works – books, catalogs, advertising copy, textbooks
Form PA – performing arts, including pantomimes, plays, choreographic
works
Form VA – visual arts, including two and three dimensional works –
posters, sculpture, architectural plan, games, and puzzles
Form SR – sound recording
9. The Copyright Application Process
Contents of the application:
Title of the work
Author
Creation dates and publication dates
Claimant
Filing fee:
$50.00
10. The Copyright Application Process:
Deposit Materials Deposits:
Unpublished works: one complete copy
Published works: two copies of the best edition
“Best edition” means the copy that is superior: the
cleanest and most legible.
Generally the best edition is the deposit that is larger
rather than smaller, color rather than black and white,
etc.
Three months after publication of the work, the
copyright applicant MUST send in two complete
copies of the best edition of the work
11. The Copyright Application Process
Copyright application is examined to determine if the
material is copyrightable subject matter and whether
the deposit complies with statutory requirements.
Status of a pending copyright application.
Ideally, within 16 weeks of filing the application, the
Copyright Office will either issue a certificate of
registration or contact the applicant to either request
additional information or explain why the application
has been rejected.
12. Benefits of Copyright Registration
The registrant may file an infringement action.
If registration is made before or within five years
of publication, registration is prima facie evidence
of the validity of the copyright and of the facts
given in the certificate.
If registration is made within three months after
publication or prior to an infringement, then
statutory damages and attorneys’ fees will be
available to the copyright owner.
13. Benefits of Copyright Registration
Creates a public record, and furthers notice of
a claim of copyright
Allows a copyright owner to file a claim for
copyright infringement:
remedies in infringement suit are
actual damages and profits or statutory
damages
14. The Importance of
Copyright Registration
Jury compares the accused work with the
registered work; which is not necessarily
the work the infringer copied.
No attorneys fees or statutory damages
unless the infringed registration predates
the infringement (*exceptions).
15. Intellectual Property Creation &
Management for Emerging Growth
Technology Companies
Copyright Basics:
Mechanics of Registration