Intellectual property law remains one of the most confusing and intimidating areas of federal law and a copyright law firm is essential to understanding the nature of copyright law. Understanding copyright law will prevent sizable civil and criminal penalties from copyright infringement and also help you prepare defenses against these charges. Before filing for a copyright, consulting with a copyright law firm will be invaluable to strengthening your claim and protecting your intellectual property. The copyright law firm will also serve a valuable purpose in protecting against copyright litigation, should you be faced with an opposing claim.
What are the qualifications of copyright lawyers?
In addition to typical law school study, members of copyright law firms have studied intellectual property law and deal with the exclusive rights of use granted to the creator of an original work. This course of study will also focus on protecting these claims and filing with the Library of Congress. Provided the work has not entered public domain, an intellectual property and copyright lawyer can help the creator prosecute claims of copyright infringement. Copyright law firms can also defend against copyright litigation often preparing defenses such as “fair use” and proving that the litigant’s copyright is different from the client’s copyright and thus not a violation of intellectual property law.
Where to look for an attorney
You may use this website to find an attorney. To do so, use the search box on top of all pages. You may also compare attorneys and ask free questions by clicking Find Attorneys on top of the page.
You also have the option of using directories and lawyer referral services provided by state and local bar associations. There will generally be a fee involved with getting a referral to a copyright law firm. The fee covers the cost of the initial consultation. Other services may charge no fee but will allow the copyright law firm to charge a fee.
Do I need a specialist?
Your needs will determine if you require a specialist in intellectual property law. For instance, if you matter involves copyright law only, then the copyright law firm will suit your needs. Others will have a legal matter that involves trademarks. Trademark law is significantly different from copyright, due to different qualifications and issues. Some copyright law firms will offer broad intellectual property law services. You will need to not only assess your legal needs, but also determine if the copyright law firm is able to meet those needs.
What services are provided by a copyright law firm?
The copyright law firm may be kept on retainer through a maintenance or watch program. For a maintenance program, the copyright law firm will file all paperwork needed to keep the claim legitimate and active. This is typical of trademarks, which need to be renewed periodically. Watch programs actively search for violations of copyrights and pursue legal remedies if necessary. You should consider either of these services if you are concerned about remembering the deadlines for you intellectual property claims or are concerned that your intellectual property may be violated.
If you are preparing a trademark or copyright claim, the copyright law firm can help you prepare the necessary documentation. This can be a flat rate service, or you may arrange to pay hourly. Through their experience, the members of the copyright law firm will assist you in strengthening your claim, guiding you through the process.
Evaluating Experience & Education
The best copyright law firms will have a standard procedure for dealing with specific areas of copyright law. All areas of intellectual property law, including trademarks, patents and copyrights require different expertise and sets of laws. Failure to follow the process, as set by the patent office and other regulatory bodies, will open your intellectual property to infringement, challenges and other potential abuses.
You should check the certifications of lawyers in the copyright law firm. Trademark lawyers, for instance, must be certified to represent clients in trademark claims as well as file paperwork to maintain trademarked status.
Personality & Values
You will need to make sure the copyright law firm is trustworthy before entrusting them with the important details of your copyright claim or other intellectual property.
If necessary, please consult the state lawyer articles for information on attorney disciplining organizations for each state and the procedure to file a grievance against an attorney. Client security funds and malpractice insurance help to reimburse clients that have suffered financial loss due to negligence or lawyer error. Violations of ethics are investigated by bar associations and other lawyer discipline entities. All other issues, such as fee disputes, will be handled by other bodies.
Preparing for an appointment
If you are making a claim for the first time, bring the item being copyrighted to trademarked if possible. Bring photographs, schematics and other important information that explains the item or idea to be copyrighted. If you are defending an existing claim, bring all documentation certifying that claim and as much information as possible on the party that is challenging your copyright. If you are being sued for copyright infringement, bring documentation that certifies your right to use that copyright.
Rates, Fees & Retainers
In lieu of a traditional retainer account, you may choose a service where the copyright law firm will maintain or watch your intellectual property. The terms of this arrangement will vary depending on the law firm.
You will pay hourly fees when meeting with lawyers from the copyright law firm, unless you have an arrangement to the contrary. You should have the hourly fees quoted in a written fee agreement. Having this in place will prevent overbilling and misunderstandings that inevitably lead to fee disputes.
Interviewing the copyright law firm
The following questions are important when interviewing your attorney:
Do you have a copyright watch service?
Are members of this firm certified to work in trademark law?
How can I maintain a retainer account with your law firm and what services are provided to clients on retainer?