XCopyright is always a challenging area of the law. Your creativity is something that needs to be protected, but two ideas could be very similar. When you add potential profit into the picture, it could spark possible legal battles. This is why you need a copyright lawyer in Toronto. Here are some areas in which a copyright lawyer could help you.
The best way to protect a copyright is to register it. A copyright lawyer would help prepare your application for submission. They would ensure that the paperwork was done correctly to pave the way for a smooth registration process.
Of course, copyright registration is not mandatory to have some protection, but a copyright lawyer would advise you on whether it could protect you. There are numerous ways to protect copyright in Canada, and a copyright attorney would tell you the way that would work best for you. Clients need quick answers to their questions that give their works the maximum possible protection.
Advice on Copyright Issues
Copyright holders have numerous questions after they have registered their copyright. They may want to know the scope of their rights and whether certain protections are covered.
One of the most important pieces of advice that a copyright lawyer would give centers on infringement. You may have noticed that someone else is trying to use your copyrighted work or some derivation of it. The biggest question that you would ask is whether someone else has committed copyright infringement.
At the same time, you may not be the copyright holder, but you may be worried about someone else possibly claiming that you have violated their rights. You may have received a copyright infringement notice forwarded from an internet service provider and are wondering how to respond or whether you should respond at all.
A copyright lawyer is especially helpful in the area of software and websites, which is covered by copyright protections. Your copyright lawyer would have familiarity with technology to advise you on registration and infringement issues as they pertain to technology.
The Lawyer Can Help Enforce Your Copyright
One of the most important responsibilities that a copyright lawyer will have is enforcing your legal rights. While you own the copyright, you must actively stop someone else from taking your rights through strong legal action.
The issue begins when you notice that someone else is infringing on your copyright. Most people will not steal your intellectual property directly. They will use something that is very close, and there is often a question of whether their usage violates your rights. Your Ontario copyright lawyer will give you their opinion on whether this is something that you could stop.
Then, your Toronto IP attorney would advise you on the most effective way to put a stop to this. You can proceed formally or informally. Many instances of copyright infringement can be dealt with through a cease-and-desist letter. Your lawyer would draft this to send to the violator. The letter would lay out how your copyright is being violated and put the person or company on notice failure to stop would lead to a lawsuit.
The copyright enforcement that your lawyer could help with could also include formal legal action. Copyright lawyers may file actions on your behalf in federal or provincial court. These are formal legal proceedings in which you would seek an injunction to stop the infringement and damages. These can be complicated proceedings that can get very technical, and a copyright lawyer could present the evidence of infringement on your behalf.
Defense of Copyright Claims
You could also end up being sued yourself when someone else claims that you have violated their copyright. An attorney would defend you in this high-stakes proceeding. If the case is not decided in your favor, you could end up owing money. A copyright lawyer could even help you settle the matter so you can avoid litigation. It is best to contact an IP lawyer in Ontario the moment you receive any notice that something thinks that you have violated their copyright to help you with a legal strategy.
Assignments and Transfers of Copyright
If you own a copyright, it is yours to do with as you wish. One thing that some owners often do is sell or license their intellectual property rights, and they are certainly legally able to do so. You can assign the rights to someone else, either in full or in part.
Assigning copyright rights is not as simple as it sounds. You need a carefully written agreement for the deal. Then, you need to inform the Copyright Office by filing an executed copy of the agreement. There is an entire process to be followed, and an attorney could give you legal advice, help with negotiations, and draft or review the necessary documents.