
Chris Stewart, P.C.
301 S. Polk, Suite 700
Amarillo, Texas. 79101
direct: 806.322.1251
fax: 806.322.1252
email us
Attorney Chris Stewart
In our copyright law practice, we do the following:
- Advise clients on the copyright protection available for original works of authorship;
- Negotiate and draft copyright licenses, transfers of ownership and royalty arrangements;
- Prosecute federal copyright applications;
- Draft “work-for-hire” agreements;
- Advise clients on various aspects of the Digital Millennium Copyright Act;
- Advise clients on the fair use doctrine;
- Secure permissions and clearances to use copyrighted works;
- Litigate copyright disputes
Copyright law protects the creative expression of ideas in original works of authorship which are fixed in a tangible medium. Copyright law does not protect ideas themselves. Examples of copyrightable subject matter could include:
- Computer software
- Website
- Music, including lyrics
- Artwork
- Graphic design
- Logo
- Advertising material
- Product packaging
- Book
- Article
- Poetry
- Magazine
- Newspaper
- Newsletter
- Cartoon or Comic Strip
- Map
- Architectural plan
- Blueprint
- Sculpture
- Video recording
- Multimedia work
This list is certainly not exhaustive. People have even argued that dolls and the layout of golf courses are subject to copyright protection!
Can you ever use copyrighted material of another? Under the fair-use doctrine, you may be permitted to make limited use of an author's work without asking for permission. The use of copyrighted works for the purpose of criticism, commentary, news reporting, teaching and research are often considered to be “fair.” For example, the fair-use doctrine allows students to make limited use of copyrighted materials in research projects without violating copyright law. Unfortunately, the distinction between fair use and copyright infringement is not easily defined. There is no specific number of words that may be safely used without permission.
Copyright law recognizes four factors to be considered in determining whether a particular use is fair:
- the purpose and character of the use, including whether such use is of a commercial nature or for a nonprofit educational purpose;
- the nature of the copyrighted work, including whether it is factual or comprised of highly original work;
- the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- the effect of the use upon the potential market for, or value of, the copyrighted work.
You should strongly consider giving credit to the source of quoted or closely paraphrased material. The author may appreciate the recognition, and the acknowledgement may reduce the risk of getting sued for copyright infringement. Keep in mind, however, that giving credit to the author does not necessarily make the use “fair.” If you are not sure about whether a particular use is “fair,” the safest course is to obtain permission from the copyright owner.
Publications:
- Intellectual Property Resources on the Internet, National Business Institute, Amarillo, Texas, October 27, 2008
- Intellectual Property and Internet Law for Businesses, Process Equipment Manufacturers’ Association Annual Meeting, Tucson, Arizona, February 28-March 4, 2007
- Making Money the New-Fashioned Way: Intellectual Property Essentials for Design Professionals: Patents, Trademarks, Copyrights and Trade Secrets, Legal Issues for Texas Engineers and Construction Professionals, Lubbock, Texas, May 18, 2006
- Law Governs ISPs for Copyright Violations, Amarillo Business Journal, August 1, 2003
- Many Internet Items Can be Copyrighted, Amarillo Business Journal, May 1, 2003
- Internet Publisher Challenges Extension of Copyrights, Amarillo Business Journal, April 1, 2003
- Downloading Music Could be Risky, Amarillo Business Journal, March 1, 2003
Blogs:
- Why Do Some DVD’s Only Cost a Dollar?, August 25, 2008
Speeches:
- Intellectual Property 101 (or Copyright Stories with Chris)
- Amarillo College
Amarillo, Texas, October 2, 2008 - Copyright Law for Writers
- Panhandle Professional Writers
Amarillo, Texas, September 20, 2008 - Patents, Copyrights & Intellectual Property
Small Business Development Center Seminar
Amarillo, Texas, April 22, 2008 - The Law of Internet Marketing
Amarillo Advertising Federation
Amarillo, Texas, March 12, 2008 - U.S. Copyright Law: “You Can’t Touch This.”
Computer Portfolio Class, Amarillo College
Amarillo, Texas, February 25, 2008 - Introduction to Intellectual Property
Amarillo College
Amarillo, Texas, February 21, 2008 - Six Steps to Massive Business Results
Amarillo, Texas, January 9, 2008 - Introduction to Intellectual Property
Amarillo College
Amarillo, Texas, October 4, 2007 - Protecting Intellectual Property and Proprietary Interests
FastTrac NewVenture Program
Amarillo, Texas, October 2, 2007 - Hot Topics in Copyright Law
Texas Panhandle Paralegal Association
Amarillo, Texas, September 20, 2007 - Hot Topics in Copyright Law
NALS of Amarillo
Amarillo, Texas, August 7, 2007 - U.S. Copyright Law for Works for Art
Panhandle Watercolor Society
Amarillo, Texas, May 19, 2007 - Trademark and Copyright Issues in Advertising and Public Relations
McCormick Advertising
Amarillo, Texas, April 27, 2007 - Fortifying Your Intellectual Property-Patents, Trademarks, Trade Secrets and Copyrights
2007 Annual Meeting of the Process Equipment Manufacturer's Association
Tucson, Arizona, March 1-2, 2007 - Intellectual Property and Internet Law for Businesses
- Process Equipment Manufacturers’ Association Annual Meeting
Tucson, Arizona, February 28-March 4, 2007 - Introduction to Intellectual Property
Amarillo College
Amarillo, Texas, February 22, 2007 - Fortifying Your Intellectual Property-Patents, Trademarks, Trade Secrets and Copyrights
2006 Equipment Manufacturer's Conference
Orlando, Florida, November 3, 2006 - U.S. Copyright Law: “You Can’t Touch This.”
Computer Animation Group, Amarillo College
Amarillo, Texas, November 1, 2006 - Making Money the New-Fashioned Way: Intellectual Property Essentials for Design Professionals: Patents, Trademarks, Copyrights and Trade Secrets
- Legal Issues for Texas Engineers and Construction Professionals
Lubbock, Texas, May 18, 2006
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