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Back to Basics: Copyright Law

Back to Basics: Copyright Law

by | Nov 13, 2014 | Copyright, Intellectual Property

This is one in a series of posts covering some basic aspects of intellectual property law.  Previous posts touch on patents (parts 1 and 2) and trademarks (parts 3 and 4).  This post will cover the general elements of copyright law. 

Copyright law protects the expression of an idea fixed in a tangible medium.  Thus, the protection is more limited than other aspects of intellectual property law.  However, if copyright infringement is found, relief to the copyright owner can include an order against further infringement as well as money damages which can range from between $200 and $300,000 per act of infringement.  Damages may also include attorneys’ fees and costs.  Infringers may also be subject to criminal prosecution and may be imprisoned if found guilty.

Types of works covered by copyright law include:

  •   literary;           
  • musical;
  •  dramatic;
  • pantomimes and choreographic works;
  • pictorial, graphic, and sculptural works;
  • audiovisual works;
  • sound recordings;
  • derivative works;
  • compilations; and
  • architectural works.

In order to proceed with a copyright infringement action, you must register your work with the United States Copyright Office.  This can be done online on their website. 

Copyright notice is given by using “©” followed by the year or years in which the work was published and the owner.  In addition, a statement such as “all rights reserved” or “no unauthorized use permitted” may follow the notice.  This puts the public on notice of your intent to enforce your rights via copyright law.

Protecting your innovative developments is critical to any organization.  Having the right person to help you make that decision is important.  The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game.   The first telephone consultation is free.  Email us at kl****@*****aw.com.

What’s in a Name?

What’s in a Name?

by | Jul 7, 2014 | Business Name, Trademarks

A client of mine came to me recently lamenting the fact that someone in her industry was using an almost identical business name and service mark.  She was given to understand that because the name is a family name, she was powerless to do anything about it.  Not so.

Just because your name is McDonald, doesn’t mean you can sell hamburgers.  And if your name is Guinness, you can’t open up a brewery.  There are limits on your ability to use your name in connection with your business.  These limits are established by the present landscape of what marks are being used.  The test of infringement in trademark law is “likelihood of confusion.”  Would a potential purchaser of goods or services be confused as to the source of those goods or services between your mark and your competitor’s mark?  If the answer is yes, then there is a problem. 

Trademarks, service marks and logos gain strength through use.  Use of a mark is accomplished through sales of goods or services associated with that mark.  It typically follows that the longer your business has been using a particular mark, the stronger the mark becomes.  

In the case of my client, once she understood that she had significant strength in her mark, she was able to assert her rights against her competitor and force a change in the competitor’s mark.  In addition, with her surname in use in her industry, her mark continues to gain strength.

If you are aware of any competitor’s mark that is similar, look at your options.  Even if there are no problematic marks at present, keep an eye out for new marks and assert your rights where appropriate.