Creative people such as writers, photographers, programmers, web designers, graphic artists, and publishers rely on Kolisch Hartwell for legal services protecting creative works. So do persons and businesses that obtain creative work from employees, contractors, or vendors. And so do those who use creative works in a commercial context, for example, by publishing an image as an element of a web site or advertisement. Our services in this area include:
- Preparing and prosecuting applications for copyright registration. In the U.S., a copyright exists from the creation of a work, but federal registration confers important advantages. In the U.S., actual or attempted registration is a requirement for bringing an infringement lawsuit and for eligibility for statutory damages.
- Drafting, reviewing, and negotiating license agreements, work-for-hire agreements, employment agreements, independent contractor agreements, publishing contracts, and the like.
- Counseling and advising clients on copyright ownership issues. For example, sometimes businesses need to find the owner of a work or prove that a work is in the public domain.
- Enforcing copyright, for example, after improper use of an image on a website or text in an ad. If you own a work that is being infringed—or if you or your business has been accused of infringement—Kolisch Hartwell can represent your interests. Some disputes can be resolved by a cease-and-desist letter; others by a negotiated license; and a few end up litigated in court. Kolisch Hartwell can help you review your options and risks to decide the best approach.