Find Lawyers in Portland, Maine for Copyright Law
Practice Area Overview
Copyright applies to original works of authorship that are fixed in a tangible medium of expression. An original work of authorship is one that is independently created and includes a minimum level of creativity. Examples of the types of works to which copyrights apply include literary works, drawings, paintings, sculptures, movies, music, video games, and other works of art. Copyright protection also applies to computer software.
Copyright protection does not protect ideas, but protects the expression of an idea. A work does not need to be registered with the Copyright Office to be afforded copyright protection. However, it must be registered with the Copyright Office to bring a lawsuit for copyright infringement. In addition, significant benefits arise from the timely registration of copyrights.
The author of a work is vested with a number of exclusive rights when copyright protection arises. These exclusive rights include, among other things, the right to reproduce (copy), adapt, display, and publicly perform the work. The author may transfer all or some of his or her exclusive rights in the work to another party. For example, the author of a novel may transfer the right to adapt a novel into a screenplay to a movie studio, while still retaining the copyright in the novel itself. Another significant component of copyright law is the area of fair use, which allows use of a copyrighted work without permission in certain limited circumstances (e.g., for the purpose of commenting on or criticizing the work).
Copyright lawyers assist clients with identifying materials that are protectable by copyright, registering copyrightable works with the United States Copyright Office, and counseling clients in the various ways in which copyrights may be acquired, protected, and exploited. Litigation also is a large part of a copyright lawyer’s practice.
Copyright law also addresses issues involving digital rights management, which are measures designed to manage digital copies of works. With the advent of digital copies, some copyright owners seek to restrict the ability to make copies of a particular work. The Digital Millennium Copyright Act, which is part of U.S. copyright law, prohibits circumventing measures that are designed to prevent copying of copyrighted works. The Digital Millennium Copyright Act also, among other things, provides a framework for online service providers for avoiding copyright infringement based on the acts of the online service provider’s users.
Joel D. Leviton, Co-Chair of Copyright Practice
Kristen McCallion, Co-Chair of Copyright Practice
Fish & Richardson
Peter Guffin is chair of Pierce Atwood’s Privacy & Data Security practice. A long-time partner and now of counsel at the firm, Peter focuses his practice in the areas of information privacy and cybersecurity law, drawing on his extensive experience in the areas of intellectual property, the internet, and information technology. Peter regularly advises clients with respect to regulatory compliance issues, risk management, governance, and data security incidents, including internal fo...
Bob Mittel is the senior member of the firm. Following two years of service in the Army during the late 1960’s, he practiced with Pine Tree Legal Assistance until 1976, devoting the majority of his efforts to welfare and civil rights litigation in both state and federal courts. Since 1977, the majority of his work has been in the fields of intellectual property, compliance & defense work for debt collectors, and business and probate litigation. Bob has argued cases in a variety of s...
Dick’s litigation and appellate practice focuses primarily on business and commercial disputes, employment law, education law, and civil rights cases that are typically resolved in federal court. He frequently appears in the U.S. District Courts for the Districts of Maine and New Hampshire and in the U.S. Court of Appeals for the First Circuit. Dick devotes a significant portion of his practice to the representation of individuals with disabilities and their families, often in cases ari...
Kasey Boucher Pierter focuses her practice on intellectual property, advertising and unfair competition laws, and technology transactions . In this rapidly evolving landscape, Kasey provides clients with current, practical expertise by staying up to date on the latest developments in technology and their potential legal implications in relation to social media, AI, and more.
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