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Copyright protections and the need for clarity

On Behalf of | Mar 2, 2019 | Business Litigation |

Business people in Florida across a variety of industries may find themselves without a clear understanding of copyrights. This type of protection is one of many forms of intellectual property and may also be one that has the potential for unintentional violations by individuals or companies.

As explained by the United States Patent and Trademark Office, virtually any type of creative work may be covered by copyright. This includes those works developed purely for artistic exploration or enjoyment as well as things created for commercial purposes. One example of a purely artistic work is a painting. Two examples of works created for commercial purposes are a company logo or website.

When it comes to creative works that are used for commercial gain, Business News Daily indicates there may be a possibility that people do not know when they are infringing on a copyright. A great example of this is when a company uses an outside vendor like a graphic designer to develop marketing materials for them. If the contract between the designer and the company does not explicitly state that the company owns the rights to the materials, the designer may hold the copyright and any future use by the company may lead to potential copyright infringement. 

Clarity in business contracts is essential to avoiding unexpected copyright disputes. It is also important to note that while a copyright does not require registration to exist, a registration of that copyright is required in order to pursue a claim of infringement of a copyright.