In today’s modern age, people are constantly coming up with new ideas and tangible creations. California is a hub for these ideas and creations, thanks to places like Hollywood and Silicon Valley. With so much happening in the arts, business, and entertainment sectors, it comes as no surprise that many individuals will want to know how to find out who owns a copyright in California. At The Myers Law Group, we are here to answer that question and many more.
At The Myers Law Group, our team has over 40 years of combined experience in intellectual property law and business litigation. If you are dealing with an issue surrounding copyright, either as someone who has been accused of infringement or believes their copyrighted work is being infringed upon, we are here to help, and one of the first things we will do is establish who owns the copyright.
Understanding Copyright in California
When wondering how to go about finding out who owns a copyright in California, it is vital, first, to define what a copyright is in legal terms. In 2023, over 441,500 copyrights were registered in the United States, 40% of which originated from large cities, including Los Angeles. Copyright is a type of legal protection provided to the inventors or creators of a work of intellectual property.
This work often includes things such as art, music, lyrics, speeches, photographs, audio-visual content, articles, promotional material, computer code, and web content. In United States copyright law, the owner of the copyright is granted, through their IP, the exclusive rights to take the following actions if they so choose:
- Use and reproduce the work under copyright
- Translate, modify, create derivative works, or adapt the original work
- Display the work in a public space
- Perform the work in a public space
- Distribute copies of the work through sales or other forms of transaction
- Keep others from using the work without your written permission
- License others to use your work under copyright
In order to be eligible for protection under copyright, the intellectual property in question must be an “original work of authorship,” which has been created by a person and “fixed” in a tangible manner of expression. In California, you are not legally able to copyright concepts, strategies, ideas, or other similar matters. The most common items that are covered by copyright laws include:
- Books
- Music
- Movies
- Poems
- Drama works, such as plays
- Dance choreography
- Images
Registering your copyright can carry significant advantages like allowing you, as the owner, to institute a court action in order to recover any damages and stop others from infringing on your work, or seeking damages and attorney fees for any infringements that happen after the date you registered it.
What Is Copyright Infringement?
Many individuals and businesses will want to discover the owner of a copyright to ensure they do not commit any copyright violations or infringement. In California, copyright infringement cases happen every day. These violations occur when a creation or work, under copyright, is used in an unauthorized manner. This can happen through the reproduction, distribution, sale, performance, or display of the copyrighted work by an individual or other third party who does not have permission to take the actions they are taking from the owner of the copyright.
How to Find the Owner of a California Copyright
The most reliable avenue for identifying a copyright owner is going through the U.S. Copyright Office’s records. These records can be accessed online, and all you will need is the title of the work, the author of the work, and the work’s registration number. You will be able to see who originally registered the copyright and if there have been any additional individuals or entities assigned to the copyright.
Keep in mind, however, that registration is not mandatory for works that have been created after a certain point, and they might not be in the official database. Instead, you can find the owner of the copyright by examining the work itself. There will most likely be some kind of copyright notice on the work, such as on the first few pages of a book. If you are still having trouble locating the owner of a California copyright, the right thing to do is to turn to an attorney.
FAQs
Q: How Long Does a Copyright Last?
A: In California and the United States, works registered under copyright laws after January 1st, 1978, carry copyright protection that lasts the entire life of the author or creator plus an additional 70 years after their passing. For work made for hire, anonymous work, or pseudonymous work, the term is 95 years from its first publication or 120 years from the year of its creation, whichever comes first.
Q: What Are Some Examples of Copyright Infringement?
A: There are several examples of copyright infringement, including making a copyrighted film or song available for free online, using a copyrighted image on your business’s website, copying the literary or artistic work of another without the proper licensing in place, and downloading music, software, videos, or other content without paying for their usage.
Q: What Is Not Protected Under Copyright Laws?
A: It is important to keep in mind that there are several things that are not protected by U.S. copyright law. These items can include ideas, discoveries, facts, titles, methods, short phrases, or names. Instead, some of these items need to be registered with the U.S. Patent & Trademark Office in order to be legally protected.
Q: Can I Use Copyrighted Material Without Permission?
A: No, in most cases, you are not allowed to use any kind of copyrighted material without the explicit permission of the entity that owns the copyright. This is why it is vital that you seek out the owner of a copyrighted work if you are hoping to in some way use it or reproduce it.
Speak with a Trusted Copyright Lawyer Serving California Today
If you are looking for assistance with legal matters regarding copyright law in California, the team at The Myers Law Group is here for you. Contact our offices today to learn more about how we might be able to assist you.