The length of copyright protection in the United States depends on when the work was created and who owns it. For most individuals, copyright protection lasts for the life of the creator plus 70 years. For works owned by a business (work-for-hire), protection typically lasts 95 years from publication or 120 years from creation, whichever is shorter.

If you are a small business owner, creator, or entrepreneur in New Jersey, New York, or anywhere in the U.S., understanding your copyright term is critical to protecting, having an intellectual property strategy and monetizing your intellectual property long term.

Business Owners and creators should know that protection exists automatically once your work is created. However, copyright registration with the U.S. Copyright Office is strongly recommended.

This is why you should get a Copyright Registration:

• You have the ability to file a lawsuit for infringement
• Eligibility for statutory damages and attorneys’ fees
• Public record of ownership

For business owners and creators in Bergen County, NY, New Jersey, and across the 50 states, registering your copyright is a key step in building a legally well protected brand and protecting your creative work.

Licensing your valuable intellectual property allows you to generate revenue and create an additional revenue source for your business while strategically retaining ownership. This is done through a legally binding licensing agreement that outlines:

• Scope of use

• Payment terms (royalties or flat fees)

• Duration and exclusivity 

• Geographic rights

Whether you are a small business owner, e-commerce business, or business in New Jersey, New York or across the 50 states, a properly structured Intellectual Property licensing agreement ensures you maintain control of your brand right while scaling your brand and adding additional revenue to your business.

“Fair use” is a legal doctrine that could allow limited use of copyrighted material without permission under certain circumstances, such as:

• Commentary or criticism

• News reporting

• Teaching or education or scholarly work

• Research

However, fair use is highly fact-specific and depends on factors like:

• Purpose of use

• Nature of the work

• Amount used

• Effect on the market

If you’re a business owner or creator in New Jersey, New York, California or across the 50 states, relying on fair use without legal guidance can expose you to risk. It’s important to consult with an intellectual property attorney before using third party content without their permission. You should speak with a New Jersey intellectual property lawyer at Ospina Law who can help you avoid preventable legal issues.