At Tsang & Associates, we can assist you in setting up a sturdy copyright license agreement that provides complete control over the terms of your copyrighted material and eliminates exploitation by the other party:

• The names of the parties and the name and description of the work being licensed
• A statement of ownership acknowledging who holds the copyright
• Effective dates of the agreement
• The geographic areas where the license applies, such as in the United States or worldwide
• Whether the licensee can license third parties to use the work (a process known as subsidiary licensing)
• The amount, schedule, and type of payments to be paid to the owner of the copyright and whether minimum sales are required to trigger payment
• Whether the license is exclusive or nonexclusive
• How the licensee may use the work and any restrictions or qualifications that are to be applied
• Nondisclosure agreement, which prohibits either side from disclosing trade secrets
• A noncompete agreement, which might restrict the copyright owner from selling another work that would directly compete with the work being licensed
• When and how the agreement can be terminated

• Public notice of business ownership
• Legal advice of ownership
• Validity
• Maximization of damages
• Ability to bring an infringement suit

What can be copyrighted?

The U.S. Copyright Office states that copyright, “protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.” Copyrighted works include the following categories:

• Literary works
• Musical works, including any accompanying words
• Dramatic works, including any accompanying music
• Pantomimes and choreographic works
• Pictorial, graphic, and sculptural works
• Motion pictures and other audiovisual works
• Sound recordings
• Architectural works

Why should I get a copyright registration?

It greatly enhances the legal protection available. For example, a valid copyright registration is required in order to bring a suit for infringement in Federal court. In addition, certain damage awards may not be available to unregistered copyright owners. When a case goes to court, the difference in award amounts can be quite substantial.

Copyright vs. Patent?

Patents are often used in the manufacturing and scientific industries when there is an invention of a new process, machine, or design. Generally, a patent is an intellectual property right granted by the U.S. Patent and Trademark Office that, for a limited period of time, protects that invention and gives the owner the right to exclude others from making, using, offering for sale, selling, or importing the invention. Unlike patents, a copyright protects original works of authorship that are fixed in a tangible format.