Overview
Harness IP delivers complete legal counsel regarding copyright law. We guide our clients through the process of identifying, registering, and enforcing valuable original works in all jurisdictions where they do business. We further assist in reviewing contracts and agreements to ensure all copyrightable works belong to the proper owner and there is no confusion among employees or vendors.
Did you know, for example, that an ornamental pattern applied to a useful article such as a shoe is protectable as an original work of authorship under copyright law, and that infringing that copyrighted design might cost you more than $2 million? One of our adversaries recently learned that lesson. It doesn’t matter whether we are dealing with architectural works, software, toys, drawings, paintings, musical scores, literature, film, screenplays, websites, marketing materials, embellished apparel and footwear, jewelry, sculptures, original patterns or designs — our attorneys will help you identify, register, protect and enforce your copyright rights in your company’s original and valuable “works” in the U.S. and throughout the world … and we’ll do it cost effectively.
Our attorneys will explain the substantial benefits of registering your copyrights promptly after your original works are created. We can also help you install proactive registration programs that ensure ownership and protection of your copyrights in the jurisdictions of interest to you. Part of this strategy involves reviewing your agreements to ensure that appropriate contracts are in place with your employees, vendors and consultants when they assist in developing copyrightable assets.
Many don’t realize that an agreement providing for “deliverables” does not necessarily convey the rights to protect against unauthorized copying of those “deliverables” or provide the right to adapt, add to, modify or update those deliverables. We’ll make sure you get all the rights you are entitled to upfront so you and your company own all of the rights in your “deliverables” from the very outset of your project. This way, you are later free to adapt and change those deliverables without requiring the consent of or additional payment to any vendor who participated in the creation of the deliverables.
Our attorneys enforce copyrights in order to maximize their value. We prosecute and defend copyright claims in federal court and on appeal, and we coordinate with foreign associate lawyers to enforce and defend your claims in foreign jurisdictions. Our lawyers have considerable experience in resolving copyright ownership and attribution disputes throughout the world.
Dealing with issues such as authorship, idea development and submission, “works-made-for-hire” and ownership are routine matters for our lawyers. We know this subject matter inside-out. One of the most commonly misunderstood concepts in copyright law pertains to the “works-made-for-hire” doctrine. Many believe that all specially commissioned projects result in “works-made-for-hire.” This is not true. In fact, most specially commissioned projects do not result in works-made-for-hire.
When original works of authorship are created in your organization, let us help you document ownership and secure the valuable copyright rights in these works. If you are buying a business or acquiring rights in software or other copyrightable works, we can help you “kick the tires” by confirming that the seller actually owns what they are selling. We’ll also ensure that you are getting all of the rights you are paying for — and you may actually get a better price in the process. Our attorneys are sure to add value either way.
