• A Copyright is designed to protect the original expression of an idea (not the idea) that has been reduced to a tangible medium, i.e., a book, song, sound recording, website, architectural work, movie, sculpture or computer program
• The threshold for creativity and/or "originality" is low given that the Copyright office does not serve the function of art critic. However, Copyright protection generally will not extend to forms or raw data, i.e., phone directories.
• Copyright exists from the moment of creation and when the expression is fixed, regardless of whether a Copyright is registered with the Copyright office. However, copyright registration is important because:

• Copyrights extend to protect the following exclusive rights of the owner to the original work: (1) reproduction; (2) distribution; (3) making derivative works; (4) display; and (5) performance. Buche & Associates, P.C. can help you protect these important Copyrights through filing of Copyright applications on your behalf.
• TRANSACTIONS INVOLVING COPYRIGHTED WORK: Buche & Associates, P.C. can work with you to ensure that in any purchase or sale of copyrighted materials, that you acquire or sell the whole work-or a desired portion. For example, when you pay to have a website developed for your business, unless you have it structured as a "work for hire" you do not own the copyrights to the website. If you purchase a valuable painting, unless you purchase all the rights, you could be accused of copyright infringement for displaying a picture of the work on a website! If you are preparing to buy or sell the assets of a business, DO NOT NEGLECT THE INTELLECTUAL PROPERTY ASSETS OF A BUSINESS. Even many lawyers forget to give due concern to these specialized issues. Buche & Associates, P.C. is qualified to evaluate such contracts to ensure that the intellectual property rights are all accounted for and assigned as the case may require in the Copyright Office or United States Patent & Trademark Office.
• COPYRIGHT LITIGATION: If you think someone has violated your Copyrights, or someone has alleged that you have violated theirs, Buche & Associates, P.C. can represent your interests. Copyright litigation proceeds in federal courts and sometimes in arbitration settings. Based in San Diego, California, Buche & Associates, P.C. is well versed and experienced with copyright infringement litigation.  The most important issue in copyright litigation generally is whether the competing works are "substantially similar." Other factors, such as whether the defendants had access to the plaintiff's work can have a great bearing on the outcome. For example, George Harrison of the Beatles was once found liable of Copyright infringement for his unintentional "subconscious" access and copying an earlier song. George Harrison's song "My Sweet Lord" was found to infringe "He's So Fine."

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