Getting, managing and enforcing a copyright can be complex. A lawyer can help ensure your interests are legally protected by:

• reviewing and housekeeping;
• enforcing copyrights;
• preparing copyright licences; and
• ensuring appropriate and timely legal planning.

A lawyer can assess who is creating copyright works and ensure that ownership of copyright is properly captured through procedures and contractual arrangements with employees and third parties. Issues can be addressed through formal agreements including assignments to cover past and future works created.

A lawyer can advise on claims of copyright infringement and represent a copyright owner or infringer in court. Legal analysis and advice will include identifying issues such as:

• whether there is a work in which copyright can subsist;
• whether copyright does subsist;
• whether the party seeking to enforce the copyright in fact owns the copyright;
• whether copyright in the work has been infringed including:
  • whether a substantial part has been taken; or
  • whether there is objective similarity and a causal connection; and
• whether there are any defences to copyright infringement.

Copyright lawyers can also assist in negotiating and preparing copyright licences. These may be an important part of any revenue stream. The commercialisation of copyright can be very creative and complex as rights can be divided in numerous ways such as by region or by economic right.

The copyright or design overlap is very complex. A copyright lawyer can assist in navigating the laws and ensure that the ability to protect your copyright is not lost. Timing is critical and this analysis needs to be considered at the outset.