Lawyer Monthly - February 2024

Many companies are confused by the different types of copyright protection and what kinds of creations and materials it can apply to. What is copyright, what can be protected, and what can’t be protected in Florida and Nationwide? Copyright protection exists in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories: 1. literary works; 2. musical works, including any accompanying words; 3. dramatic works, including any accompanying music; 4. pantomimes and choreographic works; 5. pictorial, graphic, and sculptural works; 6. motion pictures and other audiovisual works; 7. sound recordings; and 8. architectural works. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. Copyright protection isn’t available until the work is in a tangible medium of expression, such as a paperback book or audio recording. Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device. After all, copyright law doesn’t protect ideas, only the expression of the ideas. Intellectual Property Rights, including copyright protection, exists under Federal Law. 56 LAWYER MONTHLY FEBRUARY 2024 Navigating Copyright in a Digital Age Insights from Augusto Perera, ESQ Augusto Perera, an esteemed member of the Florida Bar with extensive experience in intellectual property law, provides invaluable insights into copyright protection, licensing, fair use, and the implications of generative AI. In this interview, he sheds light on the intricacies of copyright ownership, the duration of protection, fair use considerations, and the evolving landscape of AI-generated content in different jurisdictions worldwide.

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