When you create something original, whether a song, photograph, blog post, or software, you inherently have rights in that work. But understanding exactly what those rights are, how to protect them, and what to do if someone infringes on them requires a deeper dive into U.S. copyright law. That’s why you should talk to an experienced copyright lawyer in Houston from The Polasek Law Firm.
The Polasek Law Firm is a top intellectual property law team that can help you protect your creations and recover what infringers owe you. We have several decades of experience and can guide you through U.S. copyright law.
What Can Be Copyrighted?
Under U.S. law, a copyright protects original works of authorship fixed in a tangible medium of expression. This means the work must be your own and must be written down, recorded, or otherwise saved in a form that can be perceived directly or with the aid of a machine.
Copyrightable works include:
- Literary works,
- Choreographic works,
- Musical works,
- Dramatic works,
- Sculptural works,
- Audiovisual works
- Fine art,
- Pantomimes,
- Photographs,
- Pictorial works,
- Graphic works,
- Motion pictures,
- Sound recordings, and
- Architectural works.
If you have questions about whether your work meets the standards for copyright protection, talk to us. The world of copyright is broad, and you likely have more intellectual property rights than you know.
What’s Not Protected by Copyright?
In general, the following do not receive copyright protection under U.S. law:
- Ideas,
- Procedures,
- Facts,
- Systems,
- Methods of operation, and
- Discoveries.
For example, you likely can’t copyright a recipe for chocolate chip cookies, but you can likely copyright a cookbook with original commentary, design, and photographs. A skilled copyright attorney in Houston from our firm can help you identify if there are copyrightable elements to anything you create.
Who Can Claim a Copyright?
The individuals or entities who can claim copyright protection for a creative work can vary, so you should understand who they are before you make a claim. Read below for information on who might be entitled to copyright benefits.
Original Authors or Creators
The person who creates an original work is typically the copyright owner. If you take a photograph, write a book, paint a mural, or compose a melody, you own the copyright automatically upon creation. You don’t need to register the work to have a copyright, though registration adds important benefits.
Works Made for Hire
If you’re hired to create something as part of your job, your employer is usually the copyright owner. This is known as a “work made for hire.” In these cases, even though you created the work, an employer or a hiring party holds the legal rights.
Check your employment or work agreements and keep track of your conversations with anyone who hired you. The terms of your working relationship might dictate whether someone else holds the copyright to what you create.
Contributors to Collective Works
If you contribute a story to an anthology or an article to a magazine, you typically retain the copyright to your contribution unless you’ve agreed to assign or license it. The publisher, on the other hand, owns the copyright to the collective work as a whole, which means they have a right to distribute or reproduce the whole work.
Licenseholders
We have a lot of freedom to enter into contracts in the U.S., and forming contracts around copyrights is no different. You can enter an agreement with another person to grant them a license to profit from your work or outright transfer your copyright to them.
Understanding the distinctions in copyright ownership is essential, especially when entering creative partnerships or work-for-hire arrangements. Our Houston copyright attorneys help clients structure clear agreements and boundaries to avoid future disputes.
Exclusive Rights of Copyright Owners
In general, copyright owners enjoy a set of exclusive rights, including the right to:
- Reproduce the work,
- Distribute copies of the work,
- Publicly display the work,
- Create derivative works from the work,
- Publicly perform the work, and
- Digitally perform or transmit sound recordings.
If someone else wants to use your work, they must get your permission, usually through a written license or assignment.
How Copyrights Are Transferred
Copyrights can be transferred in whole or in part. Generally, a valid transfer must be in writing and signed by the copyright owner or their agent.
Transfers may be permanent or temporary. For example, you may assign your rights entirely or license them for a limited purpose, such as allowing a publisher to print 1,000 copies of your book.
Our knowledgeable copyright attorney in Houston can help you draft enforceable transfer or license agreements that protect your interests.
How to Register a Copyright
While copyright protection begins automatically upon creation, registration with the U.S. Copyright Office provides powerful legal benefits, including:
- The right to sue for infringement in federal court,
- The right to rely on the registration as prima facie evidence of your copyright’s validity (if registered within five years after first publication), and
- Eligibility for statutory damages and attorney’s fees (if you register before infringement occurs).
Registration involves submitting an application, a copy of the work, and a fee. In some cases, preregistration may be available, especially for works with a high risk of pre-release infringement (like films or albums).
A knowledgeable copyright lawyer from The Polasek Law Firm can guide you through the registration process and help you avoid common filing errors.
How Long Does a Copyright Last?
The duration of a copyright depends on the type of work. The following time limits apply:
- Individual works—life of the author plus 70 years;
- Joint works—life of the last surviving author plus 70 years; and
- Anonymous works, works made for hire, and works under pseudonyms—95 years from publication or 120 years from creation (whichever expires first).
These timeframes are lengthy and can extend across generations. That’s why clients should seek help from our knowledgeable Houston copyright attorneys to manage ownership transfers, licensing, and enforcement over the long term.
Remedies for Copyright Infringement
If someone infringes on your copyright, you may be entitled to:
- Injunctions—court orders to stop the infringing activity;
- Impoundment—seizure of infringing copies or related equipment;
- Monetary damages—either actual damages and profits or statutory damages;
- Statutory damages—between $750 and $30,000 per work, and up to $150,000 per work for willful infringement; and
- Attorney’s fees and court costs.
An infringer might also be subject to criminal penalties. One of our copyright lawyers in Houston can help you enforce your civil rights and pursue damages if necessary.
Why Hire a Copyright Lawyer in Houston?
Your creative efforts should be rewarded and protected. At The Polasek Law Firm, we help clients across industries:
- Protect original works,
- Navigate works for hire and collaborative projects,
- Secure registrations and licenses,
- Handle infringement claims, and
- Draft and negotiate copyright agreements.
When you need strong legal support, trust the best Houston, TX, copyright lawyers to protect your creative investments.
Contact a Top Copyright Attorney in Houston Today
If you’ve created something original or if someone is misusing your work, a skilled copyright lawyer in Houston can provide the guidance and representation you need.
Contact The Polasek Law Firm today to schedule a consultation. We have over 25 years of intellectual property experience and are committed to delivering strategic, experienced counsel to individuals and businesses throughout Texas.
Resources:
- Subject matter of copyright: In general, 17 U.S.C. § 102 (2024), p. 8, link.
- U.S. Copyright Office, “What Does Copyright Protect?” link.
- Ownership of copyright, 17 U.S.C. § 201 (2024), p. 168, link.
- Exclusive rights in copyrighted works, 17 U.S.C. § 106 (2024), p. 18, link.
- Registration, 17 U.S.C. §§ 408-410 (2024), pp. 191-195, link.
- Duration of copyright: Works created on or after January 1, 1978, 17 U.S.C. § 302 (2024), pp. 175, link.
- Remedies for Infringement, 17 U.S.C. §§ 502-505 (2024), pp. 201-204, link.