Client-Centered Bay Area Lawyers Provide Counsel on Copyright Matters
Accomplished Oakland law firm defends publishing and distribution rights
The experienced intellectual property attorneys at Bay Oak Law in Oakland, California represent Bay Area authors, composers, choreographers and other content creators, advising on how to establish and protect their copyrights. By filing actions against imitators, unlawful distributors and other infringers, our firm works to ensure that creators are fairly compensated for the use of their art. We have served the community since 1998.
Knowledgeable attorneys help artists establish ownership over creations
Once you establish a copyright for your work, you control the rights to its reproduction, public display, public performance, modification and distribution. To qualify for copyright protection, an artwork must be:
- Original — An artwork can be copyrighted only if it is the artist’s own creation. A replica of a prior work is not eligible for a copyright.
- Fixed — There must be some physical record of the artwork’s existence. This record can be a written document, a recording, a photograph, a painting, a sculpture or something else.
A copyright is valid for the life of the author plus 70 years. If the artwork was created for an employer or on commission, the copyright is valid for the lesser of either 95 years from the artwork’s publication or 120 years from its creation.
Though you do not need to register your work with the U.S. Patent and Trade Office (USPTO) in order to gain copyright protections, a USPTO copyright must exist if you ever need to file an infringement lawsuit in federal court.
Experienced counselors handle infringement litigation and settlements
We are well-versed in copyright law and case law, including how Internet “sharing culture” applies to copyrights. Our firm helps clients establish copyright licenses that allow others to use their copyright in exchange for monetary compensation or other benefits. We draft clear and enforceable contracts to state which uses by licensees are permitted.
If a company or another artist violates your copyright, including by breach of a licensing agreement, our litigators can seek compensation from the infringer. As the plaintiff in an infringement case, you can either seek to recover lost profits that resulted from the infringement or statutory damages calculated by a judge for each piece of work that was infringed upon. The best course of action will depend on the nature of the infringement and the specific details of your case. Our team takes time to explain the possible outcomes you may expect from an infringement claim and we negotiate fair settlements or go to court to obtain just compensation.
Contact dedicated Bay Area copyright lawyers to schedule a free initial consultation
The legal team at Bay Oak Law advocates for artists in the Bay Area. From our Oakland, California office, we assist with copyright protection and litigation. To schedule your free initial consultation, call 510-208-5500 or contact us online.