Copyright law is a complicated area of today’s legal landscape. One of the most common questions asked by intellectual property clients is, “How long does a copyright last in California?” Copyright is a large practice of law in California, as the state is home to Hollywood, along with large architecture firms, and several tech companies. Understanding copyright law and how it might affect your business, company, or art is crucial in the Golden State.
At The Myers Law Group, our team of intellectual and business litigation attorneys has over 40 years of combined experience. We know how to approach issues of copyright and how to correctly guide you, whether you are enforcing your intellectual property rights or if you are in need of defense against accusations of copyright infringement. Several complicated aspects of copyright law are laid out clearly here.
Defining a Copyright in California
In 2023, the United States saw more than 441,500 registrations of copyright, 40% of which came from a handful of large cities, including New York, Chicago, and Los Angeles. Thanks to Hollywood and Silicon Valley, it makes sense why a city the size of LA would boast some of the largest numbers when it comes to copyright registration. Before we can explain how long these copyrights last, however, it is important to clearly define and understand just exactly what a copyright is.
In the United States, laws surrounding copyrights work to protect any “original works of authorship” that qualify and exist in a tangible form of expression. Though it seems a rather broad definition, works that can be copyrighted include the following:
- Literary works
- Musical works, including any written work that might accompany it, such as song lyrics
- Dramatic works, including any music that may accompany it, such as musical scripts
- Choreographic work or pantomimes
- Sound recordings
- Motion pictures or other work of an audio-visual nature
- Graphic, pictorial, or sculptural works
- Works of architecture
Keep in mind that this list is not all-inclusive, and there may be things you can legally copyright that are not offered here. However, there are some items that cannot be copyrighted in the United States, including:
- Facts
- Names, titles, slogans, or short phrases
- Ideas, principles, discoveries, or procedures
The individual who is the author or creator of the work may own the copyright. In some cases, if there are two or more people involved in the creation or authorship of the work, then they will act as co-owners of the copyright unless there is a written and signed agreement stating otherwise.
The Lifetime of a Copyright
The protection afforded by a copyright begins the moment that the work is established as a tangible medium of expression. However, it is important to keep in mind that the term, or lifetime, of the copyright will depend on several different factors. In most cases, works that have been created after January 1st, 1978, will have copyright protection lasting for the life of the author plus the following 70 years after their passing.
In cases where the work is considered to have been created by an anonymous author, however, or is work made for hire, the copyright can endure for a lifetime of 95 years after the date of its original publication or a lifetime of 120 years from the year of its creation, whichever one expires first. After this period of time has expired, the work will enter the public domain and can therefore be freely used by others without any infringement.
Enforcing a Copyright
If you believe that someone is infringing upon your copyright, or reproducing, distributing, performing, or publicly displaying your copyrighted work during the lifetime of your copyright without your direct permission, you have the ability to take legal action. If you are the owner of the copyright, you have the ability to file a civil claim against the individual who infringed upon your rights. If the courts rule in your favor, they can offer certain remedies to you, such as:
- Restraining the infringing party from continuing its activities
- Confiscating and destroying the items or work infringing on your copyright
- Awarding you certain statutory damages, such as attorney fees
- Ensuring that the infringing party pays you, the copyright owner, any profits they might have received from the use of the copyrighted work
FAQs
Q: What Are the Penalties for Copyright Infringement in California?
A: In a copyright infringement case, the penalties can be both civil and criminal. Some of the civil consequences can include having to pay damages to the individual who owns the copyright. These fines could be hefty, depending on the nature of the work. In criminal cases, which are often far more serious, you may face large fines or even imprisonment.
Q: What Are Some Examples of Copyright Violations?
A: Some examples of copyright violations can include using copyrighted images on your company’s website, downloading music, software, or videos without paying for their use, copying literary or artistic works without the proper licensing involved, putting a copyrighted film up online, such as on YouTube, and copying images, graphics, or other aspects of another company’s design.
Q: What Do I Need to Prove to Show My Copyright Rights Have Been Violated?
A: In order to be able to legally prove a copyright violation in California, you will need to prove the existence of three elements in your case. These elements include the fact that you are the owner of the legally copyrighted work in question, that the accused party copied your work, and that the work in question is protected by a legal copyright.
Q: How Can I Contest a Copyright Infringement Claim?
A: If you have been accused of copyright infringement in California, there are several defenses that can be used. These defenses can include arguing that the work in question is factual and doesn’t contain any expressive or creative element, the work in question is permitted by fair use, or the work was created independently by the defendant and any similarities are simply coincidental.
Speak to an Intellectual Property Lawyer Today
In California, copyright laws affect a wide range of the population, especially those who work in the entertainment, arts, or business sectors. If you believe your copyrighted material is being stolen or you have been accused of copyright infringement, contact our offices and allow us to fight for you.