When Should I Call a Copyright Registration Lawyer?

A copyright registration serves as evidence of your ownership of a work and of your copyright in said work. Generally a person who has written, printed, published, performed, sculpted, painted, filmed or recorded a work, is automatically the owner of the copyright to that work. However, if you want to afford the highest level of protection possible for your work, the best option now is to consult with a Houston copyright law firm, Lloyd & Mousilli. They will help you register your work for nationwide protection at the Copyright Office.

The copyright in the work of authorship immediately becomes the property of the author who created the work. Unless the author decides otherwise, this happens the moment the work is set into existence. If your work is unpublished, then the copyright law applicable is common law copyright. Common law copyright is a property right, protecting unpublished works, that arose at the time when the work was created, rather than when it was published.

The work you want to protect must be original and created independently by you. Under the copyright laws, the creator of an original creative work owns the exclusive right to distribute, copy, display, or perform the protected work, or to make a derivative work.

Copyright generally gives of the owner of the work the exclusive right to copy and display the work.

The copyright law provides several advantages to encourage copyright owners to register their original works of authorship. Under the United States Copyright Act, as a copyright holder, you are the sole entity allowed to reproduce, display, distribute, broadcast, perform, sell and license your works.

The length of time your artistic work is protected depends on when the work was published and the laws that applied at the time it was published. For works published after January 1, 1978, copyright protection lasts for the life of the author of the work plus 70 years. For works published and/or registered before January 1, 1978, the laws applicable are a lot more complicated. This is because prior to 1978, to be eligible for copyright protection, copyrighted works had to be published and/or registered; since 1978, the law is that even unpublished works become automatically protected upon creation.

In the case of “work for hire” copyright, meaning works commissioned by a person or employer (who hence takes on rights to the work, instead of the person they commission to create the work), copyright lasts for either 120 years after creation or 95 years after publication, whichever is sooner.

A business owner should consult with a copyright attorney to discuss creative works that may be subject to copyright protection.

Many will seek the legal knowledge and experience of copyright lawyers to help them get their creative works registered with the United States Copyright Office. When you look for copyright lawyers, you should search for one that is well-educated and has extensive experience in copyright law and providing copyright law assistance.

You have to balance your desire to control how your work is used with the value of giving up that control. Specific legal advice should be obtained to ascertain how the law applies to your particular circumstances. A few have been widely adopted and have, as a consequence, approached the hoped for uniform national law on their subject.

Since intellectual property rights are inherently economic rights, the predominant reasons for acquiring intellectual property involve considerations of its value. The intellectual property right is an intangible property right, and a kind of intangible property that has something to do with some kind of money-generating activity, whether direct or indirect.

Copyright Lawyer Houston has seasoned copyright litigators and will aggressively litigate your case should litigation become necessary, especially in infringement or licensing disputes.

Patents and Trademarks as a Business Asset

The simple act of applying with a government body to register your business’s original ideas, graphics, phrases, slogans, or creative works — or anything that represents your unique product or service — can turn out to be more of a new revenue stream for your business than you’d ever think, according to a certain Houston trademark lawyer.

Patents, trademarks and copyrights can not only generate revenue by way of licensing agreements (basically getting others to use the property you own in the way you want), they can also be a profit center for your business by both direct and indirect means. The success of a product, the recognition of a brand (when a brand is powerful enough, it’s a point where the brand itself is the product for sale), etc.

Patents And Most Patent Applications

An issued patent on an invention owned by a patent applicant may be prior art and prevent the same patent applicant from obtaining a second patent covering different inventive features of a same or similar invention. The patent office almost always initially rejects all patents, and requires a response explaining why your patent is entitled to a patent. Since patents are only awarded to an inventor for an invention that is new and inventive over the current state of the art, when you file a patent application you want to know if there is any prior art that can make your patent application not new or not inventive. To obtain a patent from a provisional application, an inventor must file a regular patent application for a utility patent within one year of filing the provisional application. To streamline the process as much as possible, and to ensure that your patent application is filed accurately and in full, hiring a patent lawyer is in your best interest.

A Patent Attorney And Intellectual Property

Licenses and agreements are the foundation of business relationships based on patents, trademarks, copyrighted works, and other intellectual property rights.

Not only does patent, trademark or copyright registration award you exclusive rights to your ‘unique stuff’ — and prevent copycats from diverting revenue away from you — it can generate revenue by itself. In fact, registered works can very ethically generate revenue — you authorize third parties to use your IP commercially (in a way you approve, of course) with a licensing contract, and they pay you a fee to use the IP. Traditionally, licensing fee structures are such that you get paid for every time your registered work is used.

When there is enough interest in a piece of intellectual property, or the licensee has found a highly profitable place to use it, patent & trademark licensing can be a whole income stream of its own, quickly surpassing the relatively (even absolutely) small fee of registering that IP or copyrighted work.

Chances are the intellectual property issue you face is complex and should only be handled by an experienced, proven intellectual property lawyer. When you own a business, understanding intellectual property and the laws that protect it are crucial. You need lawyers who have the same commitment to protecting, managing and applying IP as you do in creating and using it. Techniques for valuing intellectual property continue to develop, especially as access to information becomes easier and more efficient.

A Mark In Commerce Prior to Federal Registration

Trademarks help your customers distinguish your products and services from others in the marketplace as well as associate them with your company and its reputation. A registered mark may be assigned and a mark for which an application to register has been filed may be assignable. Trademark/service mark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark.

Prior to applying for trademark registration with the USPTO, the trademark — be it a graphic, a logo, a phrase, or another creative design — must be one you are already using commercially in the products and services you offer. This is cause enough to the Patent and Trademark Office that you’re seriously committed to protecting your marks, because if something has not been used in commerce, how would you know its actual commercial value?

Granted, if this whole process of trademark registration sounds a little… perplexing, that’s because it is. In fact, that’s very much the case for many startups and new business owners who are just starting to learn about intellectual property and why it is a necessary component of capitalistic activities. If you want help understanding why, contact a trademark lawyer at http;//trademarklawyerinfo.xyz today.