Copyright and Trademark

We help artists and creative businesses protect their intellectual property with layered strategies.

You have intellectual property. Protect it.

Copyright and trademark both protect intellectual property, but copyright protects original expression in creative works, while trademark protects the business reputation and goodwill built by a creative business. 

A copyright is a collection of rights that automatically applies to a tangible creative work from the moment you make it. You can transfer these rights individually, collectively, on a temporary basis, or permanently. Holding copyright to your work also helps you control how your work is made available to the public Copyrights can be registered with the U.S. Copyright Office.

Trademarks are vital assets that grow your business, distinguish your brand, and bolster your reputation. Trademarks help customers and clients find your goods/services and avoid confusion with similar providers. A trademark (goods) or service mark (services) can be a word, phrase, symbol, and/or design that identifies and distinguishes the source of goods or services. Examples include brand names, slogans, and logos. Trademarks can be registered with the U.S. Patent and Trademark Office (USPTO).

We use trademark and copyright protections as appropriate to protect creative works. Sometimes, we use both. Our attorneys will work with you to craft the best possible strategy to protect and share your creative works.

Trademark

  • Comprehensive search

  • Evaluating names and marks

  • Trademark registration

  • Counseling on trademark issues

  • Managing your trademark portfolios

Copyright

  • Copyright registration

  • Prepare and negotiate your licenses and other contracts

  • Provide counsel and representation if disputes arise

  • Counsel you on copyright matters such as fair use and infringement.

  • Work for hire agreements to maintain copyright ownership when working with outside vendors

  • Secure copyright clearances and licenses for your use in creative projects

  • Represent you in getting ownership of your creative work transferred back to you (if you qualify for reversion rights).

Licensing and Contracts

  • Advise on the value of intellectual property assets

  • Enhance protection against competitive misuse

  • Intellectual property is an intangible right to a tangible creation.

    Examples include:

    • Copyright for song lyrics

    • Copyright for a musical performance

    • Trademark for a kombucha logo

    • Trademark for the name of a mystical arts shop

    • Copyright for a painting

    See also patent, which covers scientific inventions. FYI, 100% of patent lawyers must have BS degrees and take a second bar exam.

    We know plenty of good patent lawyers, but we don’t handle that, and they generally don’t handle copyright and trademark!

  • Schedule a Fit Call. And do not yell at them…yet.

  • It depends, especially for works that are undergoing revision. During a Fit Call, we will ask if you expect someone to infringe your work, how large your audience will be, and if you’ve recently encountered an instance of infringement and intend to pursue action. If you’re in the middle of writing a screenplay, it’s probably not the right time to register a draft. If you’re showing a completed film at a festival, it might be a very good idea to register in advance! If you’ve just caught a major infringement, it’s critical that you register if you intend to pursue action.

  • Generally, the sooner, the better. However, you can’t just think up an awesome name or killer logo in the shower, apply for a trademark, and sit on your idea forever. You must show actual use of the mark in commerce (best) or a good faith intention to use the mark in commerce (better).

 FAQs

I Always Feel Protected .

“Working with Katherine and Rob has helped me enhance skills or shift habits within my business that, I believe, have made me a better business owner and artist. I am proactive with negotiations and enter them with more confidence. I always feel protected and that my clients are joining me in a very clear working relationship, which supports all parties involved. ”

Meredith Connelly | Art by Meredith Connelly LLC

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