Copyright Lawyer NYC

A copyright lawyer protects creatives, their work, and their legacies. Copyright lawyers work with all kinds of artists as well as with businesses that utilize intellectual property and original designs. The Fried Firm is a trusted NYC-based resource for artists, musicians, and authors seeking practical copyright protection and defense.

Do I Need to Register My Work with the U.S. Copyright Office to Own the IP?

You do not technically need to register with the US Copyright Office to own the intellectual property for what you have made. Once your work is fixed in a tangible medium of expression, you are automatically considered to be the rights holder. However, if you ever need to prove that you were the original creator, protect your work against unauthorized use, or license your work, having an existing copyright registration will greatly streamline and support this process. 

Filing establishes the date of protection for your intellectual property and shows beyond a shadow of a doubt that you are the owner. It also creates a paper trail and helps you build up your assets. Because it is a legal process, many people hire a copyright lawyer to file their copyright for them, as well as to ensure that it has been done and catalogued properly.

What’s the Difference Between a Copyright Lawyer and a Trademark Lawyer in NYC?

Copyright law deals with original works and their ownership. Copyrights may be held on books, movies, music, and artwork. Meanwhile, a trademark lawyer works with businesses to protect design, logos, slogans, and company names. 

At times, there may be an overlap between these two areas. If a business wishes to license a design from an artist to use it in their branding, this would involve the artistic copyright as well as the trademark branding. Or, if an artist sells the rights to their artwork to a business that builds their brand off of it, then the copyright might involve how the art is used, as well as the trademark for how the brand is marketed to customers. 

How a Trademark and a Copyright Can Overlap

A good example of the overlap between trademark and copyright is the brand Hello Kitty. The friendly feline character is a work of art protected by copyright, and the name “Hello Kitty” has become a key part of the overall Sanrio brand, so it is trademarked. Copyright protects Hello Kitty from artistic depictions that are not previously agreed upon. 

For instance, the character of Hello Kitty would likely not be found as part of a political slogan or in a lewd or violent situation because copyright protects the character from these kinds of third-party renderings. Additionally, products with the name “Hello Kitty” on them must be licensed by Sanrio to prevent others from making money off of the trademark. This appropriate protection of the simple but poignant cartoon cat design has helped earn Sanrio over $80 billion in worldwide sales since its creation. 

As this example shows, it is essential to work with an NYC business lawyer who understands the copyright process and how trademarking should work. Otherwise, you may miss out on opportunities to both monetize and protect what you are building.

What Is Copyright Law?

Copyright is the right of ownership for original and artistic works. Copyright law governs how those rights are assigned, enforced, and monetized. The US Copyright Office handles formal registration of original works, which can be (but are not limited to):

• Books
• Films
• Screenplays
• Music
• Artwork
• Photos
• Blog posts
• Podcasts
• Software
• Architectural designs

Some things that are not protectable by copyright include ideas, stock characters or archetypes, and any creation that does not have a human author (such as AI-generated art or work made by animals). 

How Long Does a Copyright Last?

The duration of copyright protection depends on the lifespan of the author, as well as the date of initial publication. The current default is that copyright lasts for 70 years after the death of the creator. 

Anonymous works or works published under a pseudonym, however, involve different copyright terms. The copyright for these works, as well as work made for hire, lasts for 95 years from the first date of publication or 120 years from the date of creation, whichever is first. 

Once a work’s copyright has expired, it is considered part of the public domain. A creator can also designate that their work be in the public domain at any point, meaning that it is free for anyone to use.

Common Copyright Infringement Issues in New York City

Copyright infringement cases involve using another creator’s work without permission or licensing. In these cases, a copyright attorney can issue a copyright infringement notice or a cease-and-desist letter. If the matter progresses, the violator can be sued for damages to block their future use. 

For instance, Walt Disney’s copyright is notorious for its strict enforcement. Disney keeps careful tabs on how its characters and IP are used, both online and in the real world. Disney has been known to serve Etsy creators, costume businesses, and, recently, even AI companies with lawsuits over copyright infringement claims. 

Defenses Used in NY Copyright Infringement Cases

One common defense in New York copyright infringement cases is that the depictions constituted “fair use.” Fair use allows another creator to borrow or portray a copyright-protected work of art under certain circumstances without permission from the creator. 

Each case for fair use is weighed by the court system; however, consider certain Disney fan art. Say an artist draws a new version of Disney’s Tinkerbell and sells their print on Etsy. The commercial element of the print is not in their favor as a fair use defense, but the fact that they drew it by hand may help it be considered “transformative” and therefore not a replica of Disney’s copyrighted character. 

Warhol Foundation v. Goldsmith

Out of many famous copyright court cases, one that helps define what is “transformative” is Warhol Foundation v. Goldsmith. In this fair-use case, rock-and-roll photographer Lynn Goldsmith was commissioned to take a photo of Prince early in his career by Newsweek. Vanity Fair then commissioned Andy Warhol to make a limited portrait series out of the same photograph. 

When Condé Nast published an orange version of the Prince photograph on its cover to commemorate Prince’s death, Goldsmith learned of the larger Warhol series. She sued as the original copyright holder of the image, as she was not compensated by Condé Nast when the adaptation reappeared on their cover. 

Andy Warhol’s colorful version involved certain transformative elements in that it depicted Prince in a different, “larger than life” style than Goldsmith’s original, more intimate photograph. However, these artistic differences were not enough to outweigh the fact that both works of art served essentially the same purpose. The Supreme Court ruled in favor of Goldsmith, arguing that both the original photograph and the Warhol print had essentially the same use and commercial nature and were in competition with each other for the spot on the magazine cover. AWF was then ordered to pay Goldsmith for her copyright on the original image.