You would definitely not want to loose your business to someone else who has conveniently copied your logo to use as their own. Safeguarding your logo from plagiarism or trademark infringement is one of the most vital steps that you can take to protect your brand identity. People commonly confuse copyright protection and trademark protection as the same thing. Though both of these protect your brand identity, copyright protects the logo and trademark defends the logo, brand name or slogan as used in the marketplace.
This article would elaborate on protecting your customer company logo design's copyright. For protecting your logo you need to know about how to protect it?
According to US copyright office "Copyright protection may be available for logo artwork that contains sufficient authorship." This means that following type of logos cannot be protected by copyright laws:
Commonly used symbols or designs such as Latin cross, peace signs or arrows
Logos containing texts that only have mere variations in fonts, lettering, colors for example text in times new roman or text in a red.
The term "Sufficient authorship" means that the logo should have a certain degree of creativity and innovativeness attached to it. If your business is using a logo picked out from an online free to use source or MS word clipart directory, your logo would not be eligible for copyright protection.
Following are the steps that you must take to ensure the copyright protection for your logo:
Properly mark your work as copyrighted: To avoid any ignorant mistakes on the part of others mark your logo as copyrighted. This will forewarn people about consequences of deliberate copying.
Register your company's logo: Register your company's logo or any such artwork or promotional material that you want to protect against infringement with the country's copyright services. Registration can be made even before the launch of the company. This process is very simple and entails filling up few forms.
Backup your claim with sufficient evidence: The application for registration of copyrighting the company logo should be backed up evidences that talks about how the work for designing the logo progressed? Who was the author of the work? What is it in the logo that makes it unique?
In case of Joint ventures: If your company is a joint venture, agree in advance to who will inherit the logo if one partner leaves the company.
Plagiarism has become a very serious threat to the creativity , copyrighting your logo is a must from every angle to safeguard your brand identity. Delay in taking these steps can cost you all your efforts of establishing a brand identity.
Katt DelaCruz is a contributing writer and intern at [MN]interactive.com. [MN]interactive.com is a web design and creative design studio based out of Miami, Florida USA. If you need assistance with logo development or need web development [MN]interactive.com will exceed your expectations an assure you results.
Sunday, June 27, 2010
Domain Names : How To Protect Intellectual Property
Wіth ongoing controversies concerning music downloads, pirated movies аnԁ plagiarized fiction always mаkіnɡ thе news, thе phrase “intellectual property” іѕ heard οn аƖmοѕt a daily basis. Bυt bесаυѕе іt covers such a variety οf creative products, thе average person іѕ hard pressed tο articulate thе differences between patents, trademarks аnԁ copyrights. Fortunately, thеrе аrе a number οf highly trained intellectual property attorneys whο аrе well-versed іn thіѕ arm οf thе law аnԁ whο саn hеƖр protect clients іn one οf thе more complicated segments οf legal practice.
Fοr example, nеw domain names аrе registered еνеrу day, аnԁ many people assume thаt thе simple act οf registration confers copyright protection οf thе name. Thе fact іѕ, although thе content οf thе web site саn bе copyrighted, thе name саnnοt. Again, thіѕ іѕ one οf thе aforementioned complications thаt demand expert attention; although thеrе іѕ a registry οf domain names thаt carries ѕοmе protection against theft, future problems саn bе averted through consultation wіth a specialist whο саn steer a litigant through thе confusing maze οf I.P. law.
Eνеrу form οf intellectual property іѕ covered bу ѕοmе organization, association, union οr similar regulatory body thаt promotes аnԁ protects thе products οf creativity, whether a piece οf writing, music οr art, οr аn invention, pharmaceutical compound οr mechanical process. Bесаυѕе thеrе аrе literally thousands οf laws thаt address thеѕе matters, more аnԁ more professionals аrе specializing іn I.P. law, necessitating extensive knowledge οf both national аnԁ international legalities.
Fοr example, ѕіnсе thе Federal Government runs thе U.S. Patent аnԁ Trademark Office under аn article οf thе Constitution, аn I.P. attorney mυѕt bе fully familiar wіth federal statutes. Similarly, international agencies such аѕ Interpol аnԁ thе World Intellectual Property Organization (WIPO) require a knowledge οf international laws аnԁ regulations. Amοnɡ οthеr crimes, thе upsurge οf overseas pirating enterprises hаѕ led tο a corresponding increase іn I.P. lawsuits filed bу U.S. attorneys.
Aѕ аn aside, іt wаѕ WIPO thаt first coined thе term “intellectual property”, causing a сеrtаіn amount οf consternation аmοnɡ legal scholars. Those whο oppose thе term ѕау thаt a comparison οf physical objects аnԁ creative product іѕ misleading. Thеу argue thаt thе phrase itself causes legislators tο align laws wіth thе concept thаt stealing аn іԁеа іѕ thе same аѕ thе theft οf physical property, whісh іѕ far frοm thе case.
In view οf thе fact thаt even experts аrе unable tο agree οn thе parameters οf intellectual property law, іt seems obvious thаt anyone whο seeks protection οf hіѕ creative output ѕhουƖԁ seek thе services οf one οf thе many attorneys whο specializes іn thіѕ area οf thе law.
Abουt thе Author:
Stephen Daniels іѕ аn acclaimed NetBiz SEO 2.0 researcher. Fοr professional intellectual property attorneys іn Nеw York, hе recommends Baker аnԁ Rannells, PA. Wіth more thаn 63 years οf experience, thеіr work both іn thе U.S. аnԁ internationally hаѕ hеƖреԁ guide thеіr courteous, hοnеѕt services fοr businesses οf аnу size.
Fοr example, nеw domain names аrе registered еνеrу day, аnԁ many people assume thаt thе simple act οf registration confers copyright protection οf thе name. Thе fact іѕ, although thе content οf thе web site саn bе copyrighted, thе name саnnοt. Again, thіѕ іѕ one οf thе aforementioned complications thаt demand expert attention; although thеrе іѕ a registry οf domain names thаt carries ѕοmе protection against theft, future problems саn bе averted through consultation wіth a specialist whο саn steer a litigant through thе confusing maze οf I.P. law.
Eνеrу form οf intellectual property іѕ covered bу ѕοmе organization, association, union οr similar regulatory body thаt promotes аnԁ protects thе products οf creativity, whether a piece οf writing, music οr art, οr аn invention, pharmaceutical compound οr mechanical process. Bесаυѕе thеrе аrе literally thousands οf laws thаt address thеѕе matters, more аnԁ more professionals аrе specializing іn I.P. law, necessitating extensive knowledge οf both national аnԁ international legalities.
Fοr example, ѕіnсе thе Federal Government runs thе U.S. Patent аnԁ Trademark Office under аn article οf thе Constitution, аn I.P. attorney mυѕt bе fully familiar wіth federal statutes. Similarly, international agencies such аѕ Interpol аnԁ thе World Intellectual Property Organization (WIPO) require a knowledge οf international laws аnԁ regulations. Amοnɡ οthеr crimes, thе upsurge οf overseas pirating enterprises hаѕ led tο a corresponding increase іn I.P. lawsuits filed bу U.S. attorneys.
Aѕ аn aside, іt wаѕ WIPO thаt first coined thе term “intellectual property”, causing a сеrtаіn amount οf consternation аmοnɡ legal scholars. Those whο oppose thе term ѕау thаt a comparison οf physical objects аnԁ creative product іѕ misleading. Thеу argue thаt thе phrase itself causes legislators tο align laws wіth thе concept thаt stealing аn іԁеа іѕ thе same аѕ thе theft οf physical property, whісh іѕ far frοm thе case.
In view οf thе fact thаt even experts аrе unable tο agree οn thе parameters οf intellectual property law, іt seems obvious thаt anyone whο seeks protection οf hіѕ creative output ѕhουƖԁ seek thе services οf one οf thе many attorneys whο specializes іn thіѕ area οf thе law.
Abουt thе Author:
Stephen Daniels іѕ аn acclaimed NetBiz SEO 2.0 researcher. Fοr professional intellectual property attorneys іn Nеw York, hе recommends Baker аnԁ Rannells, PA. Wіth more thаn 63 years οf experience, thеіr work both іn thе U.S. аnԁ internationally hаѕ hеƖреԁ guide thеіr courteous, hοnеѕt services fοr businesses οf аnу size.
Sunday, June 20, 2010
Introduction on Copyright and Trademark by Michael Baker
Each person who creates something that has artistic or literal value must protect it, using the copyright system. The copyright system ensures that a certain artistic work has legal rights. Examples of artistic works are photographs, paintings, drawings, or everything that is visual; other examples include music or choreography, and even computer programs or different designs.
People's creativity can be protected with the use of copyright. Copyright ensures that your work is recognized and sometimes it can bring you different financial rewards. People who have created artistic work will be sure that copyright will protect them if their work is copied, distributed or used without their permission. Also, another important aspect of copyright is that it will improve culture quality, entertainment and artistic knowledge all over the globe.
Everybody who creates something knows how much time and financial investment it needs. Also, a creation can only be made public through distribution and with the help of the media. Media means any form of publication, recordings, films, etc. Some people use the royalties system; it means that they will sell their work to a company that can use its marketing to obtain profits by selling their products.
All economic rights that are given to specific companies last fifty years after the death of the inventor, this fact is stated in the WIPO(World Intellectual Property Organization). But if someone needs a longer period, it is possible if that is established by the national law. This law assures that inventors and their relatives will benefit from their creation over a certain amount of time. This copyright protection also ensures moral rights; inventors will claim their authorship and will have the right to oppose any changes that can ruin their reputation.
Each country has its own national legislation, which gives the copyright and other rights to people. International treaties may have some of the national laws applied to make sure that there is no discrimination when granting rights to the creators. If you need more information about this, you should check the National Copyright Administration or CLEA (Collection of Laws For Electronic Access).
The organization named WIPO has administrated many laws and treaties which have connection with the intellectual property rights, government assistance, and any type of requests. They also give advice to people or different non governmental organizations. However, you should consult a copyright lawyer if you want more information.
Even before official procedures were introduced copyrights existed. In the Berne Convention it is stated that artistic works are protected without any official procedures, and they are protected now if the country recognizes and uses this convention.
WIPO has no system for copyright registration; this can be done in copyright offices in each country. Every country has laws which protect artistic works. Copyright is useful when making a difference between two works, or it may be used in courts when copyright disputes happen.
Trademarks are words, names and symbols that are used as a signature for a company or business in order to make sure that people recognize their products. The brand name is the one who defines a trademark.
Although trademark registration has not been made necessary by the government, there are some advantages that people can obtain when registering their trademark. If you want to have an international registration for your trademark you must first register it locally. The advantages of having your trademark registered are constituted by the rights you are given. Also, people should know that copyright and trademarks are different because it helps them with various legal issues.
Your Trademark Law explains everything you need to know about trademarks, copyrights, and patents. It is your personal reference to protecting your business.
People's creativity can be protected with the use of copyright. Copyright ensures that your work is recognized and sometimes it can bring you different financial rewards. People who have created artistic work will be sure that copyright will protect them if their work is copied, distributed or used without their permission. Also, another important aspect of copyright is that it will improve culture quality, entertainment and artistic knowledge all over the globe.
Everybody who creates something knows how much time and financial investment it needs. Also, a creation can only be made public through distribution and with the help of the media. Media means any form of publication, recordings, films, etc. Some people use the royalties system; it means that they will sell their work to a company that can use its marketing to obtain profits by selling their products.
All economic rights that are given to specific companies last fifty years after the death of the inventor, this fact is stated in the WIPO(World Intellectual Property Organization). But if someone needs a longer period, it is possible if that is established by the national law. This law assures that inventors and their relatives will benefit from their creation over a certain amount of time. This copyright protection also ensures moral rights; inventors will claim their authorship and will have the right to oppose any changes that can ruin their reputation.
Each country has its own national legislation, which gives the copyright and other rights to people. International treaties may have some of the national laws applied to make sure that there is no discrimination when granting rights to the creators. If you need more information about this, you should check the National Copyright Administration or CLEA (Collection of Laws For Electronic Access).
The organization named WIPO has administrated many laws and treaties which have connection with the intellectual property rights, government assistance, and any type of requests. They also give advice to people or different non governmental organizations. However, you should consult a copyright lawyer if you want more information.
Even before official procedures were introduced copyrights existed. In the Berne Convention it is stated that artistic works are protected without any official procedures, and they are protected now if the country recognizes and uses this convention.
WIPO has no system for copyright registration; this can be done in copyright offices in each country. Every country has laws which protect artistic works. Copyright is useful when making a difference between two works, or it may be used in courts when copyright disputes happen.
Trademarks are words, names and symbols that are used as a signature for a company or business in order to make sure that people recognize their products. The brand name is the one who defines a trademark.
Although trademark registration has not been made necessary by the government, there are some advantages that people can obtain when registering their trademark. If you want to have an international registration for your trademark you must first register it locally. The advantages of having your trademark registered are constituted by the rights you are given. Also, people should know that copyright and trademarks are different because it helps them with various legal issues.
Your Trademark Law explains everything you need to know about trademarks, copyrights, and patents. It is your personal reference to protecting your business.
The Basics of Trademarks - What is a Trademark? by Henry Boezi
Trademarks and the concept of trademark protection have been in existence for literally thousands of years dating back to the days of the Roman Empire when blacksmiths would emblazon swords that they had crafted with a distinctive symbol. The trademark was affixed to the finished product to identify the originating craftsman or shop.
Trademarks have come a long way since that time and can now consist of nearly any type of identifying feature that signifies or identifies the person or company that created, sells or markets a particular product or service.
Trademarks can consist of any single or combination of identifying features including but not limited to the following:
Names
Words
Phrases
Logos
Symbols
Colors
Scents
Designs
Images
A trademark not only serves to identify the producer or seller of a particular product or service but also serves to differentiate the item from similar products produced by a competitor. Trademarks can be owned by individuals, businesses or any other legal entity and are considered to be Intellectual Property. They also may be sold, leased or licensed to outside parties but also must be "active" to be considered protected.
Trademark protection applies to both registered and unregistered symbols, logos, designs, etc. For instance, if a company has sold a product under a distinctive brand name for a period of time without registering that name with either a national or state trademark office may still be afforded trademark protection for that name and may seek and be awarded damages for any infringement.
Disclaimer
This article is intended for informational purposes only. It should not be construed as legal advice and readers are encouraged to consult a qualified attorney regarding these matters.
Henry V. Boezi, III has been practicing law for over 25 years and specializes in Copyright, Trademark, Patent and Intellectual Property Law. Henry holds both J.D. and M.I.P. (Masters of Intellectual Property) degrees. He also received a B.S. in Mechanical Engineering which affords him a unique background in these areas of legal practice. Henry can be reached at HVBoeziIII@aol.com or at his web site, http://www.HVBIIIlaw.com.
Trademarks have come a long way since that time and can now consist of nearly any type of identifying feature that signifies or identifies the person or company that created, sells or markets a particular product or service.
Trademarks can consist of any single or combination of identifying features including but not limited to the following:
Names
Words
Phrases
Logos
Symbols
Colors
Scents
Designs
Images
A trademark not only serves to identify the producer or seller of a particular product or service but also serves to differentiate the item from similar products produced by a competitor. Trademarks can be owned by individuals, businesses or any other legal entity and are considered to be Intellectual Property. They also may be sold, leased or licensed to outside parties but also must be "active" to be considered protected.
Trademark protection applies to both registered and unregistered symbols, logos, designs, etc. For instance, if a company has sold a product under a distinctive brand name for a period of time without registering that name with either a national or state trademark office may still be afforded trademark protection for that name and may seek and be awarded damages for any infringement.
Disclaimer
This article is intended for informational purposes only. It should not be construed as legal advice and readers are encouraged to consult a qualified attorney regarding these matters.
Henry V. Boezi, III has been practicing law for over 25 years and specializes in Copyright, Trademark, Patent and Intellectual Property Law. Henry holds both J.D. and M.I.P. (Masters of Intellectual Property) degrees. He also received a B.S. in Mechanical Engineering which affords him a unique background in these areas of legal practice. Henry can be reached at HVBoeziIII@aol.com or at his web site, http://www.HVBIIIlaw.com.
Copyright and Plagiarism - What's the Deal and Are They the Same? by Harold Baldwin
Any recorded work of expression is automatically protected by copyright, meaning you own the rights to it. If you write a letter to your mother, it is automatically copyrighted. So is video, audio, sculptures, paintings, almost anything that is recorded. You'll often see the copyright symbol or the word "copyright" with a date and the person or organization that holds the copyright on the copyrighted work, for example on every page of a book or document. This is to avoid "innocent infringement," so that it is clear that it is copyrighted.
You can also file for a formal copyright with the government, and this gives you additional legal rights. Basically this makes it easier to sue for copyright infringement and increases the penalties. Copyright infringement is illegal. Copyrights do expire, and many things have expired copyrights, for example the Magna Carta.
Plagiarism on the other hand is not illegal, although most people consider it immoral and it will get you expelled or at least in a lot of trouble at educational institutions. Plagiarism is claiming someone else's work as your own.
Often plagiarism and copyright violation are the same. If for example you find something on the Internet and use it or large portions of it in a paper you claim you wrote, that is typically plagiarism and copyright violation. If however you hire someone to write a term paper for you, that is a work for hire and you typically own the copyright. However if you claim you wrote it yourself, that is plagiarism. Another example of something that is plagiarism but not copyright violation is if you claim something that the copyright has expired on is your own work.
Although copyright violation is against the law, there is a fair use provision. You can use small parts of copyrighted works in your works as long as you give proper credit. For example it is common to quote other people and other books or papers.
It is possible to give up or loosen the rights on copyrighted works. One example is called copyleft and another is a Creative commons license from CreativeCommons.org. For example, I wrote an ebook called "Effective Internet Presence" and wanted it to be spread as far and wide as possible, so I gave it a Creative Common license which allowed people to freely copy and distribute it as long as they left it intact, meaning they didn't modify it.
Harry writes on many topics like Intellectual Property, health, food, and wine. See his latest at best wine opener and houdini wine opener.
You can also file for a formal copyright with the government, and this gives you additional legal rights. Basically this makes it easier to sue for copyright infringement and increases the penalties. Copyright infringement is illegal. Copyrights do expire, and many things have expired copyrights, for example the Magna Carta.
Plagiarism on the other hand is not illegal, although most people consider it immoral and it will get you expelled or at least in a lot of trouble at educational institutions. Plagiarism is claiming someone else's work as your own.
Often plagiarism and copyright violation are the same. If for example you find something on the Internet and use it or large portions of it in a paper you claim you wrote, that is typically plagiarism and copyright violation. If however you hire someone to write a term paper for you, that is a work for hire and you typically own the copyright. However if you claim you wrote it yourself, that is plagiarism. Another example of something that is plagiarism but not copyright violation is if you claim something that the copyright has expired on is your own work.
Although copyright violation is against the law, there is a fair use provision. You can use small parts of copyrighted works in your works as long as you give proper credit. For example it is common to quote other people and other books or papers.
It is possible to give up or loosen the rights on copyrighted works. One example is called copyleft and another is a Creative commons license from CreativeCommons.org. For example, I wrote an ebook called "Effective Internet Presence" and wanted it to be spread as far and wide as possible, so I gave it a Creative Common license which allowed people to freely copy and distribute it as long as they left it intact, meaning they didn't modify it.
Harry writes on many topics like Intellectual Property, health, food, and wine. See his latest at best wine opener and houdini wine opener.
Sunday, June 13, 2010
The Basics of Copyrights - What Can Be Protected by Henry Boezi
Whether it is due to the overwhelming opportunities available for publication in this internet age or a surge in American creativity, the practice of Intellectual Property Law has never been stronger, or of more importance. So for the upstart writer, photographer, musician, etc., the first question is what can be covered by a copyright?
The easiest answer is specific works of the following which are "original":
Literature
Poetry
Music
Choreography
Photography
Motion Pictures
Cartoons
Graphic Arts/Sculpture
Dramatic Works
Architectural Works
...or any other similar "finished" product that is the creative and original work of the applying author. An example of a "finished" work would be a script for a screenplay which can be covered by copyright protection while a concept or "treatment" for one can not be covered.
Also, compilations or arrangements of non-copyrightable materials can be copyright protected if the arrangement or compilation is deemed to be both original and creative. For example various maps, forms, tables, calendars and directories are very often in and of themselves not eligible for copyright protection. However, a compilation of these types of materials that is deemed to be original and creative can be afforded copyright protection. Say a person wanted to create a visitors guide to Providence, RI. The maps, tables, restaurant names, bus schedules, etc would not be eligible for copyright protection individually. But as a creative and original compilation or "arrangement" of these materials this guide could qualify for protection under the US Copyright Act.
For specific answers to your questions regarding copyrights and intellectual property law, you are encouraged to consult a qualified attorney who specializes in this area of practice.
Henry V. Boezi, III has been practicing law for over 25 years and specializes in Copyright, Trademark, Patent and Intellectual Property Law. Henry holds both J.D. and M.I.P. (Masters of Intellectual Property) degrees. He also received a B.S. in Mechanical Engineering which affords him a unique background in these areas of legal practice. Henry can be reached at HVBoeziIII@aol.com or at his web site, http://www.HVBIIIlaw.com
The easiest answer is specific works of the following which are "original":
Literature
Poetry
Music
Choreography
Photography
Motion Pictures
Cartoons
Graphic Arts/Sculpture
Dramatic Works
Architectural Works
...or any other similar "finished" product that is the creative and original work of the applying author. An example of a "finished" work would be a script for a screenplay which can be covered by copyright protection while a concept or "treatment" for one can not be covered.
Also, compilations or arrangements of non-copyrightable materials can be copyright protected if the arrangement or compilation is deemed to be both original and creative. For example various maps, forms, tables, calendars and directories are very often in and of themselves not eligible for copyright protection. However, a compilation of these types of materials that is deemed to be original and creative can be afforded copyright protection. Say a person wanted to create a visitors guide to Providence, RI. The maps, tables, restaurant names, bus schedules, etc would not be eligible for copyright protection individually. But as a creative and original compilation or "arrangement" of these materials this guide could qualify for protection under the US Copyright Act.
For specific answers to your questions regarding copyrights and intellectual property law, you are encouraged to consult a qualified attorney who specializes in this area of practice.
Henry V. Boezi, III has been practicing law for over 25 years and specializes in Copyright, Trademark, Patent and Intellectual Property Law. Henry holds both J.D. and M.I.P. (Masters of Intellectual Property) degrees. He also received a B.S. in Mechanical Engineering which affords him a unique background in these areas of legal practice. Henry can be reached at HVBoeziIII@aol.com or at his web site, http://www.HVBIIIlaw.com
A Brief Look at Copyright by Rob E Bishop
When you're an artist or inventor, ideas are your greatest assets. When you realized your plush toy could be a successful product, maybe even a blockbuster, you probably began to worry that someone else-your cousin Bob, that guy in your carpool, some stranger looking over your shoulder at the coffee shop-might steal it and get it to market first. Now that you're entering the design and fabrication process, you need assurance that your idea is protected. This is the purpose of copyright.
What is Copyright Law?
The US Constitution gives Congress the right to "promote the Progress of Science and Useful Arts, by securing for limited times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries [sic]". Copyright law protects the intellectual property rights of artists, writers, musicians, inventors, and others from infringement. Because you are the inventor of your plush toy, you alone have the right to produce, sell, and display it (or variations), and to transfer ownership of that right.
Copyright law specifies the idea must be in "fixed form": that is, written, sketched, or constructed in some way. As soon as you wrote down your idea for a plush toy, or made those first drawings, you owned the copyright for that toy, even though it had not yet been manufactured. If another partner contributed to the toy, you are joint copyright holders. Current law grants copyright for the creator's lifetime, plus 70 years; it is treated as personal property in your will.
Recording Your Copyright
Your work is copyrighted as soon as you "fix" it by writing, sketching, or constructing it. Until it is published, you don't have to register it. A registered copyright, however, is important should you bring suit against someone for infringement. If you obtain your registration before or within five years of your plush toy's creation, registration will provide prima facie (authentic) evidence in court. If you register your material within three months after it is published (or manufactured), you can collect statutory damages and attorney fees in an infringement suit; otherwise, you can only receive actual damages and profits.
Record your copyright by filling out the appropriate form (available online), paying the non-refundable filing fee, and, in some cases, sending a "deposit," or copy of your material. In the case of a plush toy, the copyright office and the Library of Congress do not require the deposit. Your copyright is valid as soon as your application and fee are received; your certificate arrives by USPS. You do not need a lawyer, and the filing fee is affordable. The so-called "poor man's copyright," or mailing yourself a copy of your material, does not legally replace registration.
How Your Toy Manufacturer Can Help
Your toy manufacturer has plenty of experience in helping its clients obtain copyright protection for their plush toys. You will be provided with copies of designs and documentation of your toy's progress. If you purchase the Ultimate Design package, we will help with your copyright application. It's your great idea! Protect your plush toy with a registered copyright!
Rob E Bishop invites you to bring your stuffed toy invention idea to his website at http://www.CustomPlushToys.com where you can learn how to design, create and sell your own stuffed toy idea. Download his free report "Don't Get Ripped Off" to discover the secrets of how to navigate the dangers in making your toy idea successful. Click Here
What is Copyright Law?
The US Constitution gives Congress the right to "promote the Progress of Science and Useful Arts, by securing for limited times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries [sic]". Copyright law protects the intellectual property rights of artists, writers, musicians, inventors, and others from infringement. Because you are the inventor of your plush toy, you alone have the right to produce, sell, and display it (or variations), and to transfer ownership of that right.
Copyright law specifies the idea must be in "fixed form": that is, written, sketched, or constructed in some way. As soon as you wrote down your idea for a plush toy, or made those first drawings, you owned the copyright for that toy, even though it had not yet been manufactured. If another partner contributed to the toy, you are joint copyright holders. Current law grants copyright for the creator's lifetime, plus 70 years; it is treated as personal property in your will.
Recording Your Copyright
Your work is copyrighted as soon as you "fix" it by writing, sketching, or constructing it. Until it is published, you don't have to register it. A registered copyright, however, is important should you bring suit against someone for infringement. If you obtain your registration before or within five years of your plush toy's creation, registration will provide prima facie (authentic) evidence in court. If you register your material within three months after it is published (or manufactured), you can collect statutory damages and attorney fees in an infringement suit; otherwise, you can only receive actual damages and profits.
Record your copyright by filling out the appropriate form (available online), paying the non-refundable filing fee, and, in some cases, sending a "deposit," or copy of your material. In the case of a plush toy, the copyright office and the Library of Congress do not require the deposit. Your copyright is valid as soon as your application and fee are received; your certificate arrives by USPS. You do not need a lawyer, and the filing fee is affordable. The so-called "poor man's copyright," or mailing yourself a copy of your material, does not legally replace registration.
How Your Toy Manufacturer Can Help
Your toy manufacturer has plenty of experience in helping its clients obtain copyright protection for their plush toys. You will be provided with copies of designs and documentation of your toy's progress. If you purchase the Ultimate Design package, we will help with your copyright application. It's your great idea! Protect your plush toy with a registered copyright!
Rob E Bishop invites you to bring your stuffed toy invention idea to his website at http://www.CustomPlushToys.com where you can learn how to design, create and sell your own stuffed toy idea. Download his free report "Don't Get Ripped Off" to discover the secrets of how to navigate the dangers in making your toy idea successful. Click Here
Patent - Do You Need A Patent, Copyright or Trademark? by Oze Parrot
Patents, Copyrights, and Trademarks are confusing to some extent, even though there are some similarities among these tools of property protection, they all serve different purposes.
A Patent for an invention is the inventor's property right to his invention, issued by the Patent and Trademark Office. The term of a new Patent is 20 years from the date on which the application for the Patent was filed in the United States.
US Patent grants are effective only within the US, US territories, and US territorial possessions.
A Patent owner is granted the right to exclude others from making, using, offering for sale, selling or importing the said invention without permission.
A Trademark is a word, name, symbol or device which is used in the trading of goods to indicate the source of the goods and to distinguish them from the goods of other manufacturers.
A service mark is the same as a Trademark except that it identifies and distinguishes the source of a service rather than a product.
The terms "Trademark" and "Mark" are commonly used to refer to both Trademarks and service marks.
Trademark 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.
Copyright is a form of protection that is granted to the authors of "original works of authorship" including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished.
The 1976 Copyright Act generally gives the owner of copyright the exclusive right to reproduce the Copyrighted work, to prepare derivative works, to distribute copies or phono records of the copyrighted work, to perform the copyrighted work publicly, or to display the Copyrighted work publicly.
The Copyright protects the form of expression rather than the subject matter of the writing. For example, a description of a machine could be Copyrighted, but this would only prevent others from copying the description; it would not prevent others from writing a description of their own or from making and using the machine. Copyrights are registered by the Copyright Office of the Library of Congress.
It follows therefore, that if you have invented, what you consider to be a new invention, then you must take out a Patent to protect your product from being unscrupulously copied by your competitors.
It is advisable to conduct a search of the Office of Records before filing an application for Patent, Copyright or Trademark?
You can conduct a free search on the USPTO website using the Trademark Electronic Search System (TESS) at: TESS
You can also conduct a trademark search at the Trademark Public Search Library. Use of the Public Search Library is free to the public.
You can also conduct a search at a Patent and Trademark Depository Library near you.
Any literary, musical or artistic works that you have composed or conceived should also be protected by copyright in the same manner.
If you have produced your own Trademark to identify your works this must also be registered to protect your interests.
Registration can be effected at the United States Patent and Trademark Office.
Further details can be found on the USPTO site: http://www.uspto.gov/main/trademarks.htm
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A Patent for an invention is the inventor's property right to his invention, issued by the Patent and Trademark Office. The term of a new Patent is 20 years from the date on which the application for the Patent was filed in the United States.
US Patent grants are effective only within the US, US territories, and US territorial possessions.
A Patent owner is granted the right to exclude others from making, using, offering for sale, selling or importing the said invention without permission.
A Trademark is a word, name, symbol or device which is used in the trading of goods to indicate the source of the goods and to distinguish them from the goods of other manufacturers.
A service mark is the same as a Trademark except that it identifies and distinguishes the source of a service rather than a product.
The terms "Trademark" and "Mark" are commonly used to refer to both Trademarks and service marks.
Trademark 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.
Copyright is a form of protection that is granted to the authors of "original works of authorship" including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished.
The 1976 Copyright Act generally gives the owner of copyright the exclusive right to reproduce the Copyrighted work, to prepare derivative works, to distribute copies or phono records of the copyrighted work, to perform the copyrighted work publicly, or to display the Copyrighted work publicly.
The Copyright protects the form of expression rather than the subject matter of the writing. For example, a description of a machine could be Copyrighted, but this would only prevent others from copying the description; it would not prevent others from writing a description of their own or from making and using the machine. Copyrights are registered by the Copyright Office of the Library of Congress.
It follows therefore, that if you have invented, what you consider to be a new invention, then you must take out a Patent to protect your product from being unscrupulously copied by your competitors.
It is advisable to conduct a search of the Office of Records before filing an application for Patent, Copyright or Trademark?
You can conduct a free search on the USPTO website using the Trademark Electronic Search System (TESS) at: TESS
You can also conduct a trademark search at the Trademark Public Search Library. Use of the Public Search Library is free to the public.
You can also conduct a search at a Patent and Trademark Depository Library near you.
Any literary, musical or artistic works that you have composed or conceived should also be protected by copyright in the same manner.
If you have produced your own Trademark to identify your works this must also be registered to protect your interests.
Registration can be effected at the United States Patent and Trademark Office.
Further details can be found on the USPTO site: http://www.uspto.gov/main/trademarks.htm
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http://la-nichehunter.com/
Webmaster/Editor/Publisher
http://erlypro.com/
Internet Marketing Consultant
Sunday, June 6, 2010
How Do I Trademark a Slogan? by Shannon Moore
First, it's not possible to copyright a slogan.
Copyrights can be obtained for things of an artistic nature. This includes, of course, poetry, films, sculptures, music, fiction, etc. But can also include things that may not necessarily seem "artistic" in the general sense of the word. Copyrights can also be obtained for advertising copy, games, software programs and blueprints, to name just a few.
It may be possible to file for a trademark for the slogan as long as it's used to indicate & identify the source of goods/services.
If we're talking about a merely informational slogan or a slogan that conveys advertising information, it's not eligible for trademark registration.
Let's take a look at what the USPTO says (and then what that actually means):
"Slogan or phrases used on items such as t-shirts...have been refused registration as ornamentation that purchasers will perceive as conveying a message rather than indicating source of the goods."
What that essentially means is that if your slogan is merely displayed on the goods themselves and is NOT identified as the source, then the USPTO will likely refuse registration. This is a tricky, gray area so seek advice should you have a slogan that you intend to use for products.
"Use of a...slogan to convey advertising or promotional information...is not service mark use."
The concept is similar to that for goods as described above. Basically, if your slogan describes your service and/or serves as advertising copy, it's not likely eligible for trademark registration. Again, this is a tricky, gray area so seek advice should you have a slogan that you intend to use for services.
After reading this it may seem impossible for any slogan to qualify for trademark protection but really that is not the case. It's all in how the slogan is used & presented. For example, both Nike's ® slogan Just Do It ® and McDonald's ® slogan I'm Lovin' It ® are Federally registered trademarks.
Shannon Moore is the General Manager for TradeMark Express. Since 1992, TradeMark Express has met the needs of their clients with comprehensive research, application preparation, attorney referrals and trademark consultation. For further details, please visit us on the web at TradeMark Express
Copyrights can be obtained for things of an artistic nature. This includes, of course, poetry, films, sculptures, music, fiction, etc. But can also include things that may not necessarily seem "artistic" in the general sense of the word. Copyrights can also be obtained for advertising copy, games, software programs and blueprints, to name just a few.
It may be possible to file for a trademark for the slogan as long as it's used to indicate & identify the source of goods/services.
If we're talking about a merely informational slogan or a slogan that conveys advertising information, it's not eligible for trademark registration.
Let's take a look at what the USPTO says (and then what that actually means):
"Slogan or phrases used on items such as t-shirts...have been refused registration as ornamentation that purchasers will perceive as conveying a message rather than indicating source of the goods."
What that essentially means is that if your slogan is merely displayed on the goods themselves and is NOT identified as the source, then the USPTO will likely refuse registration. This is a tricky, gray area so seek advice should you have a slogan that you intend to use for products.
"Use of a...slogan to convey advertising or promotional information...is not service mark use."
The concept is similar to that for goods as described above. Basically, if your slogan describes your service and/or serves as advertising copy, it's not likely eligible for trademark registration. Again, this is a tricky, gray area so seek advice should you have a slogan that you intend to use for services.
After reading this it may seem impossible for any slogan to qualify for trademark protection but really that is not the case. It's all in how the slogan is used & presented. For example, both Nike's ® slogan Just Do It ® and McDonald's ® slogan I'm Lovin' It ® are Federally registered trademarks.
Shannon Moore is the General Manager for TradeMark Express. Since 1992, TradeMark Express has met the needs of their clients with comprehensive research, application preparation, attorney referrals and trademark consultation. For further details, please visit us on the web at TradeMark Express
The Basics of Copyrights - Registration and Duration by Henry Boezi
Although many types of "creative" and "original" Works are deemed to have copyright protection from the moment that the Work is created and "fixed in any tangible place", in order for the owner of the copyright to receive greater rights and increase his or her ability to protect those rights the Work should be registered.
The United States Copyright Office is a division of the United States Department of Commerce. Registering with this office will greatly enhance the copyright owner's ability to seek various types of damages if the copyright has been infringed upon by an outside party. One should seek legal advice before applying for registering a copyrighted Work, as it should be determined whether the Work is copyrightable, i.e. the type of Work for which a registration can be obtained. Simply applying to register a copyright does not necessarily mean that the work in question is copyrightable.
The duration of copyrights varies from what type of work is in question as well as when it was created or registered. A work that was created on or after January 1, 1978 is protected from the time it is created, usually for the author's life plus 70 years after the author's death. For "a joint work prepared by two or more authors who did not work for hire," the term is for 70 years after the death of last surviving author.
The copyright term for works created and published or registered before January 1, 1978 is the same as for those created on or after January 1, 1978, namely, life of the author plus 70 years. The 95/120-year terms for works for hire apply to pre January 1, 1978 to these works also. However, the term of copyright for these works cannot expire before December 31, 2002. For works published on or before December 31, 2002, the term will not expire before December 31, 2047.
A "work made for hire" is one prepared by an employee within the scope of his or her employment or a work specially ordered or commissioned for certain types of use use such as a contribution to a collective work, a part of a motion picture or other audiovisual work, a translation, a supplementary work, a compilation or an instructional text if the parties agree in writing instrument that the work will be considered a work made for hire.
The copyright term for works made for hire and anonymous and pseudonymous works (unless the author's identity is revealed in Copyright Office records) is either 95 years from the date of publication or 120 years from the date of creation, whichever is shorter.
As with all areas of Copyright and Intellectual Property Law, it is advisable to consult with an attorney that specializes in this area. A number of law schools offer what is known as a Masters of Intellectual Property degree and the advice of an attorney with this level of scholarship can be essential from the moment a work is created all the way through the enforcement or recovery of any infringement.
This article is intended for informational purposes only. It should not be construed as legal advice and readers are encouraged to consult a qualified attorney regarding these matters.
Henry V. Boezi, III has been practicing law for over 25 years and specializes in Copyright, Trademark, Patent and Intellectual Property Law. Henry holds both J.D. and M.I.P. (Masters of Intellectual Property) degrees. He also received a B.S. in Mechanical Engineering which affords him a unique background in these areas of legal practice. Henry can be reached at HVBoeziIII@aol.com or at his web site, http://www.hvbiiilaw.com/
The United States Copyright Office is a division of the United States Department of Commerce. Registering with this office will greatly enhance the copyright owner's ability to seek various types of damages if the copyright has been infringed upon by an outside party. One should seek legal advice before applying for registering a copyrighted Work, as it should be determined whether the Work is copyrightable, i.e. the type of Work for which a registration can be obtained. Simply applying to register a copyright does not necessarily mean that the work in question is copyrightable.
The duration of copyrights varies from what type of work is in question as well as when it was created or registered. A work that was created on or after January 1, 1978 is protected from the time it is created, usually for the author's life plus 70 years after the author's death. For "a joint work prepared by two or more authors who did not work for hire," the term is for 70 years after the death of last surviving author.
The copyright term for works created and published or registered before January 1, 1978 is the same as for those created on or after January 1, 1978, namely, life of the author plus 70 years. The 95/120-year terms for works for hire apply to pre January 1, 1978 to these works also. However, the term of copyright for these works cannot expire before December 31, 2002. For works published on or before December 31, 2002, the term will not expire before December 31, 2047.
A "work made for hire" is one prepared by an employee within the scope of his or her employment or a work specially ordered or commissioned for certain types of use use such as a contribution to a collective work, a part of a motion picture or other audiovisual work, a translation, a supplementary work, a compilation or an instructional text if the parties agree in writing instrument that the work will be considered a work made for hire.
The copyright term for works made for hire and anonymous and pseudonymous works (unless the author's identity is revealed in Copyright Office records) is either 95 years from the date of publication or 120 years from the date of creation, whichever is shorter.
As with all areas of Copyright and Intellectual Property Law, it is advisable to consult with an attorney that specializes in this area. A number of law schools offer what is known as a Masters of Intellectual Property degree and the advice of an attorney with this level of scholarship can be essential from the moment a work is created all the way through the enforcement or recovery of any infringement.
This article is intended for informational purposes only. It should not be construed as legal advice and readers are encouraged to consult a qualified attorney regarding these matters.
Henry V. Boezi, III has been practicing law for over 25 years and specializes in Copyright, Trademark, Patent and Intellectual Property Law. Henry holds both J.D. and M.I.P. (Masters of Intellectual Property) degrees. He also received a B.S. in Mechanical Engineering which affords him a unique background in these areas of legal practice. Henry can be reached at HVBoeziIII@aol.com or at his web site, http://www.hvbiiilaw.com/
Lack of Support for the Remuneration of Creators Through Collective Licensing
On behalf of creators and publishers Access Copyright is deeply concerned by the extension of fair dealing to cover education and the introduction of numerous other exceptions in the Copyright Act which undermine the ability of creators and publishers to get paid for the use of their works.
"It is discouraging to creators and publishers to see that instead of encouraging the use of collective management the Government has chosen to restrict or remove existing uses from collective management in favour of exceptions that do not provide compensation to creators or copyright owners when their works are used," says Access Copyright's Executive Director, Maureen Cavan.
Collective licensing is an efficient system that provides users access to copyright protected works while ensuring that creators and rights holders are properly compensated for the use of their works.
"We will require several days to analyze the details of this new bill, but our initial reading leaves us deeply troubled." added Cavan.
Access Copyright, The Canadian Copyright Licensing Agency, is a not-for-profit organization founded by Canadian creators and publishers to meet the needs of users of copyright protected works, while ensuring fair compensation for that use. Access Copyright represents nearly 9,000 Canadian writers and publishers. Access Copyright works with organizations in all sectors to help them operate legally by providing access to licences that allow for the legitimate use of published copyright protected materials. To learn more about copyright or Access Copyright visit us online at http://www.accesscopyright.ca/.
"It is discouraging to creators and publishers to see that instead of encouraging the use of collective management the Government has chosen to restrict or remove existing uses from collective management in favour of exceptions that do not provide compensation to creators or copyright owners when their works are used," says Access Copyright's Executive Director, Maureen Cavan.
Collective licensing is an efficient system that provides users access to copyright protected works while ensuring that creators and rights holders are properly compensated for the use of their works.
"We will require several days to analyze the details of this new bill, but our initial reading leaves us deeply troubled." added Cavan.
Access Copyright, The Canadian Copyright Licensing Agency, is a not-for-profit organization founded by Canadian creators and publishers to meet the needs of users of copyright protected works, while ensuring fair compensation for that use. Access Copyright represents nearly 9,000 Canadian writers and publishers. Access Copyright works with organizations in all sectors to help them operate legally by providing access to licences that allow for the legitimate use of published copyright protected materials. To learn more about copyright or Access Copyright visit us online at http://www.accesscopyright.ca/.
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