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Copyright Law

3 min read

Copyright Law

13/11/2026

Intellectual property is the first law of the creator or inventor and the law related to all creation is generated by the creation itself. Copyright law can "specialize" in certain cases (trademarks, patents, etc.) or the right may only exist in the work (text, project, songs, web site content, concept, design, photo, logo, etc.).

It is almost always necessary to protect copyright through a copyright registration and deposit, which provide the copyright holder with solid proof of creation.

The copyright exists from the moment of creation, without the formality or paperwork. You have a copyright by virtue of being the author of an original work.

In practice, however, it may become necessary to prove copyright, and without any proof or evidence to certify you as the designer, creator or author of this work, that may be difficult.

The copyright deposit establishes an absolute and indisputable copyright by establishing:

  • The creator (author)
  • The creation (the work, text, image, website, project ....)
  • The date certain
  • Subject originality

Proof of prior art and prior art

The history of the work is the key element of copyright. To prove that prior art is there means proving that your work is the first, which means presenting evidence of such a thing. A copyright deposit provides proof of a date certain of creation that cannot be questioned.

A copy of the creation + evidence of date of creation = indisputable proof of prior creation.

copyrightweb.com provides this evidence of earlier creation, thanks to a deposit of their creation (your work, literary or artistic) made by the author (you). With such a deposit, you establish:

  • Digital signature
  • Electronic time stamp
  • Filing public notary
  • Encryption
  • Secure archiving

copyrightweb.com is your solution for filing and protecting your intellectual property and heritage.

Copyright: International Validity

Regarding the "international validity", here are some important points:

· The original creation has an automatic copyright by the mere fact of its existence (if the work is original, then comes the copyright of the author's creation, without any formality).

· Copyright is recognized by the Berne Convention in 171 countries, which means, if a copyright is registered and deposited in one country, it is valid in all other countries that are signatories to the Convention and will be enforced in all of them.

· Consequently, beyond the theoretical aspect of copyright, there is the practical. The deposit is used to prove entitlement to the aid of an incontestable registration that allows the author to create an evidentiary link between its creation and the creation date. This is the so-called proof of prior art, which is essential to assert copyright.

Quiz

Test your knowledge

Three quick questions about copyright. The explanation shows as soon as you answer.

  1. Is the © notice required for a work to be protected?

    Show the answer

    Correct answer: No, but it prevents an infringer from claiming innocent infringement The notice has been optional since March 1, 1989. When a proper notice appears on published copies, an infringer cannot use the "innocent infringer" defense to reduce damages (17 U.S.C. § 401(d)).

  2. Before suing someone for copying a U.S. work, what must you do?

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    Correct answer: Register the work with the U.S. Copyright Office For works first published in the United States, registration (or a refused application) is required before filing an infringement lawsuit (17 U.S.C. § 411). Copyright exists without it, but you cannot go to court until you register.

  3. How is fair use decided?

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    Correct answer: Case by case, weighing four factors, including the purpose of the use and its effect on the market Courts weigh four factors (17 U.S.C. § 107): the purpose and character of the use, the nature of the work, the amount used, and the effect on the market for the original. There is no safe number of words or seconds.

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