Copyright Attorney

Copyright Attorney

Copyright issues often arise in two very different ways: a creator wants to protect original work, or a business suddenly receives a demand accusing it of using someone else's work without permission.

Black Dog Law helps creators, businesses, agencies, publishers, photographers, designers, and other clients with copyright registration, ownership, licensing, infringement analysis, demand letters, settlement strategy, and dispute resolution.

Our office is in Tulsa, Oklahoma, but copyright law is federal. We work with clients on U.S. copyright matters involving creative works used both online and offline.

What Copyright Protects

Copyright protects original works of authorship fixed in a tangible medium. Depending on the work, protection may apply to photographs, illustrations, written content, website copy, software, videos, music, graphic design, marketing materials, books, training materials, and other creative content.

Copyright Registration

Copyright protection can arise automatically when an eligible work is created and fixed, but federal registration can significantly strengthen the owner's ability to enforce those rights.

We assist clients with registrations for individual works and appropriate groups of works, including questions about authorship, ownership, publication status, work-made-for-hire issues, and whether the correct party is applying.

Registration timing can also matter in enforcement. In some situations, whether a work was timely registered can affect the remedies potentially available in an infringement dispute.

Who Owns the Copyright?

One of the most common copyright problems is not copying. It is ownership.

Businesses often assume they automatically own creative work they paid someone to produce. That is not always the case. Ownership may depend on who created the work, whether the creator was an employee or independent contractor, whether a valid written assignment exists, and whether work-made-for-hire requirements are satisfied.

We help clients address copyright ownership in:

website and marketing content;
photography and video;
graphic design and logos;
software and digital products;
books and written materials;
training content and educational materials; and
creative work produced by employees, freelancers, agencies, and contractors.

Clarifying ownership early can prevent problems later when a business wants to sell, license, enforce, or transfer the work.

Copyright Infringement Claims and Demand Letters

We are seeing more businesses receive copyright infringement demands involving photographs, artwork, website images, marketing content, and other creative works. Some of these claims are brought directly by creators. Others are pursued through law firms, rights-management companies, or enforcement groups representing large numbers of artists and copyright owners.

A demand letter should be taken seriously, but the amount demanded is not automatically the amount owed.

Before recommending payment, settlement, or a formal response, we evaluate issues such as:

whether the claimant actually owns or controls the asserted copyright;
whether the work was federally registered and when;
what material was allegedly copied;
how the material was used and for how long;
whether the use was commercial or incidental;
the claimant's historical licensing practices and evidence of market value;
whether the accused party obtained the work from a third party, contractor, vendor, or licensed source;
potential defenses and limitations on liability;
whether the alleged infringement stopped promptly after notice; and
the practical cost and risk of resolving the matter compared with litigating it.

Evaluating the Value of a Copyright Claim

Copyright demand letters sometimes rely heavily on the maximum remedies that may be available under federal law. Those maximum numbers do not necessarily reflect the settlement value of every claim.

The actual exposure can depend on the facts, including registration timing, proof of ownership, the nature of the use, evidence of actual damages or profits, willfulness, defenses, and the economic value of the work itself.

For example, a demand involving a single photograph used briefly on a small business website should be evaluated based on the actual circumstances rather than simply accepting a large number stated in a demand letter.

Our goal is to separate legal exposure from negotiating leverage and help the client make a rational business decision.

Claims Involving Photographs and Website Images

Image claims have become especially common because online tools make it easier for photographers and rights holders to identify copies of images across websites and social media.

Businesses can get into trouble when an image is copied from a search result, supplied by a marketing contractor without a clear license, carried over from an old website, or used after a stock-image license has expired or cannot be located.

When a claim arrives, we review both the asserted copyright and the chain of how the image reached the client's website or marketing materials. In many cases, preserving records and identifying the original source of the image is just as important as taking the image down.

Responding Without Overreacting

Removing accused material may be appropriate, but removal by itself does not necessarily resolve a past-use claim. Likewise, immediately paying the first amount demanded may not be the best response.

We help clients determine whether to:

request supporting registration and ownership information;
challenge or narrow the claim;
identify a license or other authorization;
raise relevant defenses;
negotiate the amount demanded;
seek contribution or indemnity from a vendor or contractor; or
resolve the matter efficiently when the facts support settlement.

Representing Copyright Owners

Black Dog Law also represents creators and businesses whose work has been copied or used without authorization.

Enforcement strategy should be proportionate to the value of the work and the client's broader goals. Depending on the situation, that may involve preservation of evidence, a demand for removal or attribution, a license or settlement proposal, negotiation, or more formal enforcement.

Not every infringement needs to become litigation. Effective enforcement often starts with understanding what outcome actually matters to the owner.

Licensing and Permission

Many copyright disputes can be avoided through clear licensing terms. We help clients draft and review agreements addressing how creative work may be reproduced, displayed, modified, distributed, sublicensed, or used in advertising and other commercial settings.

We also help businesses determine what rights they actually received when work was created by an agency, photographer, designer, developer, or independent contractor.

Copyright FAQs

Do I have copyright protection if I never registered the work?

Eligible copyright protection may arise without registration, but federal registration can be important for enforcement and available remedies. The timing of registration may matter significantly in a dispute.

Do I automatically own work I paid a freelancer to create?

Not necessarily. Payment alone does not always transfer copyright ownership. A written assignment or a valid work-made-for-hire arrangement may be necessary depending on the circumstances.

I received a copyright demand letter. Should I pay it?

Not before the claim is evaluated. The claimant's ownership, registration, evidence of copying, scope of use, damages theory, defenses, and realistic litigation risk should all be reviewed before deciding how to respond.

What should I do if a copyright claim involves an image on my website?

Preserve the relevant records, identify where the image came from, review any stock or contractor licenses, and consider removing the image while the claim is evaluated. Avoid destroying evidence or assuming removal alone ends the issue.

Can copyright damages be much higher than the normal license fee?

Potentially, depending on the facts and available remedies. But a demand should still be evaluated against registration timing, actual damages, licensing history, willfulness, defenses, and the specific use at issue.

Can I use an image if I found it on Google or social media?

Finding an image online does not by itself provide permission to reuse it. Businesses should confirm the source and license before using third-party creative material.

Talk with a Copyright Attorney

If you need to register creative work, clarify copyright ownership, respond to an infringement demand, or enforce rights in original content, contact Black Dog Law or schedule a call to discuss the issue and the most practical next step.