Miami Copyright Lawyer
Copyright work starts with who created the material, who owns it and what another person is allowed to use. Law Offices of Aaron Resnick in Miami handles copyright registration, ownership, licensing and infringement disputes. Attorney Aaron Resnick has handled business disputes in Miami since 1998 and works hands-on on every case.
Aaron knows the law. He knows both sides. And he knows Miami. That is why Miami business owners know Aaron.
Attorney Aaron Resnick represents businesses and creators in copyright registration, ownership and licensing matters.For related brand, licensing and trade secret work, see the firm's intellectual property legal services.
What Does Copyright Protect?
Copyright protects original expression fixed in a form that can be perceived or reproduced, such as writing, photographs, music or video. It does not protect an idea, method or business concept by itself. Law Offices of Aaron Resnick evaluates whether a work qualifies for protection and addresses registration, ownership and enforcement.
17 U.S.C. section 102 draws the distinction between protected expression and underlying ideas or methods. A finished work and the concept behind it raise different questions.
For many works created by an individual author on or after January 1, 1978, protection lasts for the author's life plus 70 years under 17 U.S.C. section 302. Works made for hire, anonymous works, joint works and older material require a different or additional review.
Aaron Resnick reviews the work, its creator and its history before addressing the rights involved.
Do I Need to Register My Work Before Suing?
Copyright protection does not depend on registration, but a United States work generally must be registered before an infringement lawsuit is filed. Filing an application alone is not the same as obtaining registration, and statutory exceptions need review. Law Offices of Aaron Resnick prepares copyright applications and handles registration and enforcement matters.
17 U.S.C. sections 408 and 411 separate copyright protection from the requirements for bringing suit. The Supreme Court's 2019 decision in Fourth Estate Public Benefit Corp. v. Wall-Street.com holds that the ordinary route requires the Copyright Office to act on the application, not merely receive it.
A refusal does not always end the route to court. The statute permits an applicant whose properly submitted application was refused to sue if the required notice and complaint are served on the Register of Copyrights. Bring the decision and the complete application file rather than treating every rejection alike.
Aaron Resnick reviews the application, the registration decision and the work before a copyright lawsuit is filed.
Who Owns Work Created for My Business?
Copyright generally starts with the author, not automatically with the business that paid for the work. Work made for hire and signed transfers can change the ownership analysis. Law Offices of Aaron Resnick handles copyright ownership issues and reviews the employment terms, contractor agreements and assignments connecting the creator to the business.
Under 17 U.S.C. sections 201 and 202, copyright ownership is separate from ownership of a physical copy. Buying a photograph or receiving a finished file does not, by itself, transfer the copyright.
The work made for hire definition in 17 U.S.C. section 101 covers employee work within the scope of employment and certain commissioned work meeting specific requirements. For commissioned work, the listed categories and an express written agreement signed by the parties matter; a label on an invoice is not the whole test.
Aaron Resnick reviews who created the work, the working relationship and any signed transfer before treating the business as the copyright owner.
How Should a Copyright License Define the Permitted Use?
A copyright license should identify the work, the rights granted, who may use it and the limits on that use. Address exclusivity, territory, duration, payment and what happens when permission ends. Law Offices of Aaron Resnick drafts and reviews licenses so the agreement states the use the parties intend to authorize.
An exclusive license can transfer ownership of particular copyright rights; a nonexclusive license does not count as an ownership transfer under 17 U.S.C. section 101. A voluntary transfer generally requires a writing signed by the rights owner or an authorized agent under 17 U.S.C. section 204.
Specify whether the recipient may edit the work, distribute it through other platforms or authorize someone else to use it. A proposed license should identify any material the owner does not control. For broader agreement terms, see contract drafting and negotiation.
Aaron Resnick reviews the rights granted and retained, rather than relying on the document's title.
What Can I Do When Someone Uses My Work Without Permission?
Preserve the original work, the disputed use, dates and any license or assignment before deciding how to respond. Unauthorized use needs review of ownership, protected rights and possible defenses, including fair use. Law Offices of Aaron Resnick handles copyright enforcement, settlement negotiations and litigation, including disputes over digital reproductions and unauthorized streaming.
17 U.S.C. section 501 addresses infringement of copyright rights. Keep original files and dated screenshots, identify where the material appeared and preserve messages about permission. The same work may be used under different terms on different platforms.
Fair use requires weighing the purpose and character of the use, the nature of the work, the amount and importance of what was used, and the effect on the potential market under 17 U.S.C. section 107. No single factor settles every dispute.
Aaron Resnick reviews the copied material, the ownership documents and any permission before a demand or claim proceeds.
Which Deadlines and Courts Matter in a Copyright Dispute?
Copyright disputes can involve a lawsuit deadline and registration dates that affect available remedies. A demand letter's requested response date is a separate issue. Law Offices of Aaron Resnick reviews the dates, notices and agreements before choosing a response, and checks whether the dispute is an infringement claim or a contract claim.
Under 17 U.S.C. section 507, a civil copyright action generally must begin within three years after the claim accrues. The date that starts that clock requires review; it is not automatically the date a registration application was filed.
17 U.S.C. section 412 limits statutory damages and attorney fee awards for infringement that begins before effective registration, subject to exceptions. One exception covers registration within three months after first publication for infringement that starts after publication. That period is not three months from discovering copying, and timely registration does not guarantee a recovery.
A federal copyright infringement lawsuit belongs in federal court, not state court, under 28 U.S.C. section 1338. The Southern District of Florida includes Miami Dade, Broward and Palm Beach counties under 28 U.S.C. section 89(c); venue must still be proper there.
Aaron Resnick reviews the claim, the registration history and the defendant's location before a filing decision.
What Should I Bring, and What Happens Next?
Bring the work, its creation and publication history, registration records, licenses and assignments. For a dispute, include the material you believe was copied and any demand or court papers. Law Offices of Aaron Resnick reviews the inquiry and the task involved, whether that is registration, an ownership review, a license or an enforcement matter.
| Record | What It Helps Identify |
|---|---|
| Original files and drafts | The work, its author and the development history. |
| Publication and registration records | What was released, when, and what the Copyright Office received or decided. |
| Employment terms, assignments and licenses | Who owns which rights and what permission was granted. |
| Screenshots, notices and correspondence | The disputed use, the parties involved and the next deadline. |
The firm also provides copyright audits and compliance reviews. An audit compares the works a business uses with the ownership and permission records, including material obtained from creators, employees and outside vendors.
Discuss the immediate task first, then the records and timing. Registration work can require a response to the Copyright Office; an ownership dispute may instead call for review of agreements and the requested resolution. An inquiry does not create representation.
Read Aaron Resnick's background. Aaron Resnick reviews the work and the documents before the next step is agreed.
Send the parties, the problem and the next date; the firm reviews every inquiry and tells you whether it can help.
We Don't Make Promises. We Have Results to Prove It.
Aaron Resnick has handled business disputes in Miami since 1998 and is a fourth generation Miami resident. He works hands-on on every case; the client gets Aaron on every major litigation issue, not a junior partner. The Law Offices of Aaron Resnick represents businesses and creators in Miami Dade, Broward and Palm Beach counties and across Florida in trademark, copyright, licensing and trade secret matters. Call 305-672-7495 or request a consultation.
This page provides general information and is not legal advice. Prior results do not guarantee or predict a similar outcome.
