Dilendorf Law Firm advises companies creating or adopting blockchain, FinTech, PropTech, BioTech, telemedicine, gaming and other digital technologies on the issues of copyright registration, licensing and protection.
U.S. law offers protection to the creators of “original works of authorship” fixed in any tangible medium of expression, including software code and databases. Like a trademark, copyrighted material does not require a federal registration to be protected in the U.S. However, federal registration may provide invaluable advantages, such as protection from infringements in federal courts, presumption of validity, availability of statutory damages and import protections.
Some of our clients employ blockchain to store and protect copyrighted works in the digital realm, some create innovative technological products, digital assets and private blockchains, and others write and publish about blockchain and other innovations. Also, companies usually hire interns and employees who may create original material, the companies presume to be their property. Copyright issues arise in each case.
As a recent practical example, copyrightability analysis is particularly nuanced in the case of a blockchain code because of the blockchain nature itself. As even private blockchains are generally based on some open-source code, open-source licenses may prevent blockchain and other tech companies from asserting broad proprietary rights over their software. In such case, our IP legal expert team will analyze copyrightability of the matter, including from the perspective of blockchain law and technology.