Intellectual Property Insights
Analysis and practical guides on intellectual property.
446 articles, checklists, and guides on intellectual property law, written by the attorneys at MC Law. Every piece is general information, not legal advice—for a specific matter, contact the firm.
Copyright Registration for Derivative Works
A derivative work is a new work built on top of one or more preexisting works—translations, film adaptations, remixes, sequels, annotated editions, and new software versions. This guide explains exactly what a derivative work is under 17 U.S.C. § 101, how § 103 confines the copyright in a derivative to the new material the author actually added, and why a derivative work can never extend the life of the underlying copyright. It walks step by step through registering a derivative work with the U.S. Copyright Office—how to complete the "limitation of claim," "material excluded," and "new material included" fields so an application sails through. It covers the originality threshold under Feist and Durham Industries, the "thin copyright" problem, the § 106(2) adaptation right, the unforgiving § 103(a) rule that a derivative must be lawfully made, and the accuracy obligations the Supreme Court addressed in Unicolors v. H&M. Worked examples across film, music, software, and visual art, a model application walkthrough, an FAQ, and cross-links to related copyright topics round it out.
Registering a Copyright in Photographs: A Practical Checklist
Photographs are among the most-copied and least-registered works on earth, and the group-registration options exist precisely so a working photographer can protect hundreds or thousands of images affordably. This checklist walks a photographer or adviser through classifying images as published or unpublished, confirming ownership (the photographer, not the client, owns by default), choosing between the GRPPH and GRUPH group options, preparing the all-important title list, and submitting deposits that match. It explains the timing rules that drive statutory damages under Section 412, the metadata and copyright-management-information protections of DMCA Section 1202, and the common mistakes that delay registrations. Verify current fees and group caps at copyright.gov before filing.