Legal notes to copyright registration in New York

Legal notes to copyright registration in New York

Copyright registration in New York. New York, often called New York City to distinguish it from New York State, or NYC for short is the most populous city in the United States. With over 20 million people in its metropolitan statistical area and approximately 23 million in its combined statistical area, it is one of the world’s most populous megacities. New York City has been described as the cultural, financial, and media capital of the world, significantly influencing commerce, entertainment, research, technology, education, politics, tourism, art, fashion, and sports, and is the most photographed city in the world. Home to the headquarters of the United Nations, New York is an important center for international diplomacy and has sometimes been called the capital of the world. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this city is to learn the procedure of copyright registration in New York.

Copyright in New York

Unlike other intellectual property rights such as trademarks, patents, industrial designs, plant varieties, etc., copyright does not need to be registered for protection but will be automatically protected from the time the works are created.

The creation must be visible in a certain material form, like content, quality, form, medium, language, published or unpublished, registered or unregistered.

Accordingly, whether registered or not, the copyright to the work will still be protected. However, the creator should still apply for copyright registration in New York early because early registration will give the author/owner of the work many advantages in the event of a dispute.

When unauthorized use of work occurs around the world, the owner of a work who has made a copyright registration in New York will not have to waste time and complicate matters with proving himself/herself to be the legitimate owner of the work.

Thereby, in order to avoid passivity, the owner of the work should make a copyright registration in New York immediately to protect their rights and interests when there is an infringement.

Copyright registration in New York

New York is the most iconic city in the United States, which is a member country of The Berne Convention for Copyright since 1989.

The Berne Convention for the Protection of Literary and Artistic Works (the Berne Convention) is an international agreement governing copyright. The agreement was first accepted in Berne, Switzerland, in 1886.

As New York, United States is a contracting party of the Berne Convention, any work originating in New York will be given copyright protection in each of the Berne Convention member countries.

In most countries, copyright protection is automatic as soon as the work existed in material form. However, the copyright registration in New York is critical in order for the copyright owner to obtain evidence of copyright.

Evidence of copyright is extremely important even when the works are automatically protected according to copyright law.

When registering, the work will get an application submission date, as well as information about the creation and proof of creative concept and development. This provides unambiguous proof of authorship and ownership that can’t be denied.

Proof of copyright is essential in an age when the publishing, dissemination, and theft of material is extremely easy with the exposure of the Internet.

If copyright registration is not made, copyright owners will lose a big amount of money as well as time needed to resolve issues related to copyright, proving ownership of the original work.

If the copyright owner has already registered for copyright protection to the IP office, they would have a strong legal foundation which would increase their chance of winning against the violating parties.

Documents for copyright registration in New York

To obtain copyright registration in New York, the author of the work needs to prepare the following documents:

  • Declaration of copyright registration in New York;
  • Two copies of copyrighted work;
  • Documents proving the right to apply;
  • Written consent of co-authors, if the work has co-authors;
  • Written consent of the co-owners, if the copyright is jointly owned;
  • Notarized identity card of the author or owner of the work;
  • Power of Attorney, if the applicant is an authorized person;
  • Notarized copy of the company’s business registration certificate (if the owner is a company).

The copyright law of New York, United States

United States copyright law was last generally revised by the Copyright Act of 1976, codified in Title 17 of the United States Code. The United States Constitution explicitly grants Congress the power to create copyright law under Article 1, Section 8, Clause 8, known as the Copyright Clause.

Under the Copyright Clause, Congress has the power “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” The United States Copyright Office handles copyright registration, recording of copyright transfers, and other administrative aspects of copyright law.

This includes incentivizing the creation of art, literature, architecture, music, and other works of authorship. As with many legal doctrines, the effectiveness of copyright law in achieving its stated purpose is a matter of debate.

You can see a list of New York IP firms here.

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