Copyrights
Copyright protects “original works of authorship” that are fixed in a tangible form of expression, including where the work must be communicated with the aid of a machine or device, such as a computer. Copyrightable literary works include computer programs, text, pictorial and graphic works. For computer programs, copyright protects the source code and original computer screen displays. Protection is against copying by a third party. The third party must, therefore, have access to the work of the owner and have copied its expression in order to be held accountable.
Benefits of registering copyright include:
- Registration is necessary before an infringement suit may be filed in court.
- If made within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the registration certificate.
- If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorneys' fees may be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner (which can be more difficult and more expensive to prove).
- Registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies.
Trademarks
A trademark is a word, name, symbol or phrase that is used to indicate the source of goods and to distinguish them from the goods of others. A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product.
The benefits of registering a trademark include:
- Nationwide protection for the mark
- The ability to sue for “treble damages” and to recover attorney's fees.
- The ability to bring an action concerning the mark in federal court.
- The use of the U.S registration as a basis to obtain registration in foreign countries.
- The ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.