Intellectual Property

Protect and monetize your creative work.

Building Your Business Through IP Strategies

Of all the areas of law affecting creatives, intellectual property might be the most talked-about…and most misunderstood. Most of the artists we know realize that they own protectable IP. But the law and registration process can be confusing.

We work with clients to identify and strategically protect their IP assets. We view trademark and copyright registration as well as protecting the “moral rights” provided under the Visual Artists Rights Act as much more than simply isolated, one-time tasks. Instead, they are part of the overall picture of growing a creative business. We help clients build IP portfolios into business tools that are valuable for enforcement, licensing, and acquisition.

Our IP services include:

Trademarks

Search and evaluation

Trademark registration

Maintenance, renewal, cancellation

Assignment and change in ownership

Infringement and enforcement

Portfolio management

Counseling on trademark issues

Copyrights

Copyright registration

Licensing and assignment

Fair use evaluations

Infringement and enforcement

Portfolio management

Counseling on creative collaborations and disputes

Visual Artists Rights Act (VARA)

Determining the applicability of VARA

VARA waivers

VARA enforcement

Counseling on existing and planned artworks that may be covered by VARA

A trademark is a brand signifier. Trademarks are often words or logos, but they can also be less traditional symbols like sound, smell, or color.

We help clients from selecting a mark through registration and beyond. We advise on whether the trademark is available to use and register without an elevated risk from a conflicting mark. We also represent clients in registration with the U.S. Patent and Trademark Office, a process that is important to help protect your brand but can include many pitfalls.

In addition to registration, we advise clients on many trademark-related issues, like what to do if someone uses your mark. We also help clients maintain their marks over time, which is an active process with many steps.

Trademarks

Copyrights

Copyright covers creative works, including painting, sculpture, films, and computer code - but also workbooks, tarot decks, and presentation slides. Copyright ownership can be complicated and may be contested.

For creatives, copyright registration provides crucial protections against copycats and strengthens your position in negotiations. Copyright registration is required to sue for infringement and obtain certain monetary damages in litigation. As with trademarks, the registration process can be nuanced and includes specific requirements for various types of works. We walk our clients through the registration process, explaining the details and obtaining the strongest possible protection.

We also advise our clients in non-litigation copyright disputes, like sending cease-and-desist letters to infringers and responding to allegations of copying. We frequently help clients navigate the nuanced and frequently-misunderstood concept of fair use, and can help clients understand their rights in the works they have created or co-created.

Intellectual Property Contracts

We have drafted and negotiated just about any kind of contract creatives need to protect their work and run their businesses. You might say contracts are our art form, and our media include the Visual Artists Rights Act, licensing, sales and acquisition, and more. Our clients trust us to provide practical advice on the worth of their work and creatively negotiate to make the most of that worth.

We have deep expertise in the art world and work with both artists and the supporters that fund and show their work - collectors, museums, and corporations. That means we provide specialized knowledge of laws and terms specific to creative works, but also the customs and norms that help negotiations flow smoothly.

We build custom contracts from scratch but are also routinely called in to adapt construction, purchase, and performance contracts to include properly constructed licensing provisions and VARA waivers.

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 consultation! And do not yell at them…yet.
It depends, especially for works that are undergoing revision. During your initial consultation, 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