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1. Copyright protection for a work of applied art
Intellectual property law provides for the protection of the appearance of products that are the result of creative activity in the field of artistic design. In most countries, such protection is provided by granting a patent for an industrial sample. But there are countries where the protection of industrial samples is not provided for. In such countries, the specified results of artistic design are protected as works that are the object of copyright. The design of utilitarian things, objects (having a practical purpose) can comprise a work. That is, the appearance of such objects can be protected by copyright, provided that they are originals and are of a creative nature.
Both of these types of protection are independent of each other and can exist simultaneously. A work and an industrial sample can be simultaneously expressed or realized in one material object or product, and are independent of each other.
2. Procedure and terms of copyright registration in the USA
Registration procedure:
- preparation and submission of an application;
- payment of the registration fee;
- deposit of the work.
The procedure for registering a copyright in the USA takes an average of 8 months.
The registration procedure can be accelerated to seven days in the following cases:
- trial;
- customs issues;
- terms in the contract or the time of publication, which require accelerated issuance of the certificate.
The accelerated registration procedure requires a significant additional fee.
The date of registration of a copyright object in the United States is the date of filing the application.
3. In what cases is copyright registration for a work in the USA required
- a certificate is required to file a lawsuit in the US (except for works published outside the US);
- an entity that has registered copyright in the United States receives additional legal protection - the right to a fine (up to $150,000) without the obligation to prove in court the amount of damage caused;
- provided the work is registered within 3 months from the date of its first publication, the author can count on compensation for court costs;
- registration allows establishing territorial jurisdiction;
- registration allows the copyright owner to establish a record with US Customs, which provides protection against the importation of infringing copies.
Consultations on registration of copyright in the USA
We provide advice on registering a copyright in the US, as well as written materials that explain the steps and cost of registration.
The following are provided free of charge:
- the first 15 minutes of an oral consultation on US copyright registration;
- standard written materials on the stages and cost of copyright registration.
In most cases, free consultations and basic written materials are enough to make a decision to start working with us.