South Carolina Copyright Questionnaire

State:
Multi-State
Control #:
US-Q1009
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties seeking to obtain a copyright. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Any individual or business that infringes copyright can face legal action. Infringement is usually treated as civil offence but can, in certain circumstances, be deemed a criminal offence, with damages awarded by a court. Depending on the severity of the infringement, the result can be a fine or even imprisonment.

Copyright Overview The copyright owner is the only one that can give permission to do any of these things. The University of South Carolina owns many federally registered trademarks. Among them are the university's logo and logotype, the Gamecock logo, the Block C with Gamecock logo and the Cocky logo.

Common questions about copyrightCan copyright be inherited? Yes.What happens when a copyright expires?What types of work are protected?How long does copyright last?Does the nationality of the author matter?Does format or quality of the work matter?

Copyright infringement is generally a civil matter, which the copyright owner must pursue in federal court. Under certain circumstances, the infringement may also constitute a criminal misdemeanor or felony, which would be prosecuted by the U.S. Department of Justice.

What Can Be CopyrightedLiterary Works.Musical Works.Dramatic Works.Pantomimes and Choreographic Works.Pictorial, Graphic, and Sculptural Works.Motion Pictures and Other Audiovisual Works.Sound Recordings.Compilations.

A court cannot award both damages and an account of profits; a copyright owner must ask for one or the other. For corporations the financial penalty can be up to $585,000. Individuals may face financial penalties of up to $117,000 and 5 years of imprisonment.

Statutory damages for a work registered with the US Copyright Office range from $750 $30,000 plus attorney's fees, but in especially egregious cases of willful infringement, courts may award up to $150,000.

Infringer pays the actual dollar amount of damages and profits. The law provides a range from $200 to $150,000 for each work infringed. Infringer pays for all attorneys fees and court costs. The Court can issue an injunction to stop the infringing acts.

You can search through copyright files by visiting the Copyright Office at (see Figure 2, below). All copyright information is located in the Public Catalog (click Search Public Catalog) which contains information about works registered since January 1978.

There are three basic requirements for copyright protection: that which is to be protected must be a work of authorship; it must be original; and it must be fixed in a tangible medium of expression. What is a work of authorship?

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South Carolina Copyright Questionnaire