You know you need the help of a good copyright lawyer when your rights have been infringed. But what are your rights in the first place?

As the owner of a copyright, you have the exclusive right:

To reproduce the work in copies;

To prepare derivative works based upon the work;

To distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

To perform the work publicly;

To display the copyrighted work publicly

In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.

Anyone who violates any of the exclusive rights of the copyright owner …is an infringer of the copyright or right of the author.”

Generally, under the law, one who engages in any of these activities without obtaining the copyright owner’s permission may be liable for infringement. Nevertheless, there are several limitations of the exclusive rights of the copyright owner. The copyright law provides exemptions from infringement liability by authorizing certain uses under particularized circumstances.

If you believe that your copyright has been infringed and you anticipate a legal dispute, if you have not yet done so, it is advisable that you obtain the aid of a copyright lawyer see to it that a registration be made as soon as possible in order to secure the opportunity for valuable remedies and litigation advantages available for timely registration under the Copyright Act.

If a work is registered prior to infringement or within three months of publication, statutory damages will be available as an option for monetary relief, and the recovery for attorney’s fees may be available. In addition, a registration made before or within five years of publication of the work provides a presumption of the validity of the copyright and the facts stated within the registration certificate. A certificate of registration (or a rejection of an application for copyright) is a prerequisite for U.S. authors seeking to copyright lawyers initiate a suit for copyright infringement in federal district court.

It is advisable that you seek professional legal advice from a copyright lawyer and discuss your legal options. If you have trouble looking for one, your local or state bar association may be able to recommend a copyright lawyer, or an attorney who specializes in intellectual property, arts, or entertainment law matters. Alternatively, you may wish to investigate whether a public interest organization that offers services to authors and copyright owners, such as Volunteer Lawyers for the Arts, has a regional office in your area that may assist you with locating free or reduced fee legal services or assistance. In addition, local law schools may provide representation through clinical programs in Intellectual Property or Arts and Entertainment Law.