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Author Topic: Attorney Licensure required for pay to register copyright sites?  (Read 667 times)

DonQuixote

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I have seen a number of websites like this in recent days and was wondering what the rules/requirements are for attorneys to advertise and have clients pay via a website for the registration of copyright.  Here is one of the websites in question.

http://www.copyrightyourapp.com/copyright-your-app-now/

I realized that I never considered the licensing requirements for situations like this.

Are websites like this able to solicit clients from anywhere?  Within the U.S.? Outside the U.S.? Only states in which an attorney is licensed?

Are there special rules for registration of copyright re: licensing?

Since copyright is federal law are there special rules for state bar licensing?

Can non-lawyers charge to register copyrights?

Basically, just curious about the mechanics of such a practice.

Thanks
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DonQuixote

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May have found my own answer.

Model Rules of Professional Conduct 5.5(d)

A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services in this jurisdiction that:

(2) are services that the lawyer is authorized to provide by federal law or other law of this jurisdiction.

I am assuming that an attorney may represent a client located in another state before any federal agency (i.e., the USPTO/Copyright Office) because federal law authorizes them to do so.

This would apply to all interactions with these federal agencies but state licensure would be if asked to sue someone in a court in which they are not admitted (or pro hac vice admission).

Is my conclusion correct or am I missing any important points?
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tkfx2000

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The model rules are just that, models only.
You still need to check the jurisdiction in each state to see it they have adopted or modified that rule.
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DonQuixote

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Thanks for the response.

I understand what the model rules are for, but I am presuming that many states have adopted the rules (or similar ones).  I am not looking for any particular state's rules, just a general understanding of the relationship between copyright practice and the unauthorized practice of law.
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