Copyright Services
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Copyright Registration Applications
All Copyright Registration Applications include working with Mallory to draft and file an application along with a deposit of the artistic work being copyrighted.
Prices for Copyright Registration Applications vary largely depending upon a lot of factors, such as: whether the work is published or unpublished; how many authors contributed to the work; and if the work is part of a group.
Copyright Registration Application Projects
« Single Author Application: Starts at $500, plus filing fees
« Multiple Author Application: Starts at $700, plus filing fees
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Copyright Assessments
Copyright law comes with a lot of questions, particularly in regards to fair use. Fair Use is a copyright infringement defense wherein four factors - purpose/character of the use; nature of the copyrighted work; amount or substantiality of the portion used; and effect of the use on the market or value of the work - are weighed to determine whether use of the copyright constitutes infringement or not.
Copyright Assessment Projects
« Fair Use Assessment: Includes a phone call with Mallory to gather background information, research, and a memo with opinion on whether fair use of a copyright exists.
Starting at $800
« Infringement Assessment: Similar to a fair use assessment, except the angle is determine whether use of a copyright constitutes infringement.
Starting at $800
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Copyright Infringement
Copyright infringement occurs when a copyright owner’s exclusive rights to a work of art - reproduction, adaptation, publication, performance, and display - have been violated. To prevail on a copyright infringement claim, a copyright owner must establish that the infringer had access to the work and that the infringer’s use of the work is substantially similar.
Copyright Infringement Projects
« Nasty Grams: Defined as a “particularly offensive email message” and way more fun to say than “Demand Letter” or “Cease and Desist” (boring!). It’s a letter asserting your copyright rights against infringement.
$800 per letter, with extended negotiations billed hourly
Copyright Claims Board: The Copyright Claims Board (“CCB”) is newly created, three-member tribunal available as a voluntary, less-expensive alternative to federal court. The CCB is an efficient, streamlined way to resolve copyright disputes involving claims less than $30,000.
Billed hourly. Starting at $3,500 retainer, plus filing fees
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Digital Millennium Copyright Act ("DMCA")
The DMCA is a law designed to heighten penalties for copyright infringement on the internet. It creates a process wherein for copyright owners to issue takedown notices to websites featuring copyright infringing work, and provides a safe harbor for website owners who promptly remove infringing material.
DMCA Projects
« DMCA Takedowns: Mallory submits DMCA Takedown Notices on your behalf for copyright infringing material located on the internet and monitors progress related to the same.
Starts at $450, depending upon scale
DMCA Agent Services: If you are an internet service provider (i.e. a website owner that allows third-parties to post content to your site), you must have a DMCA Agent on file with the Copyright Office or risk ineligibility under the safe harbor. As your DMCA Agent, Mallory would receive any/all DMCA Takedown Notices on your behalf and advise you on the same.
$300 annual fee to serve as Agent (includes renewal costs).
Receipt/Responses to Notice billed hourly, starting at $500 retainer.
Copyright General Counsel
Need more than one project? Ask about out Breathe’s Copyright General Counsel Services.
Rates start at $250/hour.