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{ 62 comments… read them below or add one }
what if you want to copyright your logo and name do you have to send the picture of the logo and the name by fax or email or ect…. just trying to figure which would work best in my favor.
Logos and names are protected by trademarks, not copyrights. Copyrights are for “creative works”, which does not include short phrases. To file for a trademark, you can upload your logo online using the Trademark Office online application form. However, I would recommend using an attorney.
I am a producer/ artits and I am trying to take the proper legal steps into the music Industry. How do I register a stage name. As copywrite or trademark?
Carlos,
A stage name/band name would be protected as a trademark. Any music you made could be protected by copyright. Copyrights protect creative works like music, books, etc. Trademarks protect brands such as product and business names and logos.
Can i get trademark for my website name.if then how much will it cost in india?
What if it’s a song? Should I get an attorney or can I do it on my own? And what if I have multiple songs? Can I get away with a single filing fee?
Hello, Im a writer and I have a blog where I post all my poetry on, and my question is how do I get acess to copywrite all my material?
Maya,
I am not sure what you are asking. In the U.S., you can register your copyright claim to all the poetry on your website together, if none of it has been published, in other words if the poetry has been displayed on your website but copies of the individual poems have not been distributed. You can take screenshots or printouts of your website to deposit as part of your application.
You can file your application online with the U.S. copyright office. However, it may be a good idea to retain an attorney to ensure you do not make a mistake which will slow down the processing of your application.
Javier,
You can get an attorney or do it on your own, but if you are not familiar with the process I would recommend using an attorney. The cost should be fairly low (about $200-300) and it can save you a lot of time both in preparing your application and in fixing any mistakes that you might make.
Please see the U.S. Copyright Office’s page on music collections here. Generally, multiple songs can be submitted with a single filing fee if they are owned by the same person and were published together or are unpublished.
Generally speaking, you can get a U.S. trademark for your website name if you use it in connection with the sale of products or the advertisement of goods in the U.S. I am not an Indian trademark attorney, so I really cannot speak to whether you can get an Indian trademark, or what the costs would be. I would have to ask my Indian associate- the rules are likely similar.
I have a story I am working on to turn into a TV series. What should I do first to copyright my work?
You can register your copyrights to the story and/or any scripts adapted from it. The U.S. Copyright Office website (copyright.gov) has great information about copyright registration. It is a relatively simple process. I would recommend using a copyright attorney to make sure your application is completed and submitted correctly. You can expect your application to be processed in 6-9 months if submitted electronically, however you will have protection dating to the date of filing .
I am wondering is it possible to copywrite an ad or slogan for a major company or product. I have an idea or an ad campaign and several ideas for ads for a major bottling company. I do want to protect my idea. Can anyone give me some advice.
Allie,
Slogans are protected by trademark law and not copyright law. Trademark law protects a slogan only if you use it in commerce, or if you have an intent to use it in commerce and register your slogan with the U.S. Patent and Trademark Office.
An advertisement (i.e. commercial) is protected by copyright, but only tangible expressions are protected, not ideas. An idea for an ad cannot be copyrighted- an actual ad video can be, as can story boards, written dialog, etc.
If you just have an idea for an ad, that cannot be protected by copyright. The only option I can think of to protect the idea is to have the company sign an agreement not to use your idea without your permission before you tell it to them. Most large companies would not agree to sign such an agreement, however.
Im trying to get my clothing brand off in the right steps the name and logo do i trademark them or copyright them?
Hugo,
Names and logos should be trademarked to protect them. Your logo could also be protected by copyright, but that would only protect it from copying, and not from another independently derived logo that looks similar.
Mr. Hyra,
thank God for people like you. I wrote a musical that I want to copyright. However, I have no music sheets yet to the song but the tunes; and a producer asked to meet with me this coming thursday.
1. I want to protect my work how much do I pay for copyrighting the whole work and do the music part later?
2. Is it legal to do the whole script now and do the songs send in later since it’s musical?
Many thanks.
I am about to finish a short film and a good friend of mine thinks I should get it copyrighted before I go and show it off at festivals. Any idea on how I can go about that?
Ive recently completed 3 children’s picture books and would like to know if I should copyright them as 1 or individually. And, if I copyright them as 1 would I be able to protect and publish them individually.
The only advantage to copyrighting different works together is that you save money on the application fees. Copyrighting multiple works together would not stop you from later publishing them individually or enforcing your copyright for one of the works by itself. However, it would make it more difficult to license your works individually.
Jesse, Contact a copyright attorney or visit Copyright.gov and read some of the great information they supply.
The script and music for a play, authored by an individual, can be registered separately. You would have to submit two separate applications. Each application, submitted online, has a fee of $35. I also recommend using an attorney, who will charge you some fee on top of that.
any thoughts on the best way to go about getting my original board game ideas copyrighted?
I’m having an original internet dating/match-making site built. I know that I need to pay the on-line fee of $35 for the logo. What steps, if any, do I need to take to protect the name of my website? I own the .com, .net., and .org. Also, I spoke to a person at the copyright office (who wasn’t very helpful) and she said that I had to send in a CD of all of my web pages to the office. She didn’t say how much this would cost or if there was anything else that I needed to do to ensure that my website, and all that comes with it, is protected. I definitely need some help here and can’t at this time afford an attorney. Thank you.
Michael,
You will have to be a little more specific in order for me to give you any substantial guidance. If you want to protect the rules/gameplay of a board game, a patent is the way to go. You could use copyright to protect the appearance, the instructions, etc. of a board game.
Nick,
Keep in mind that a copyright only protects against someone copying your logo, and not someone who independently comes up with a similar logo and starts using it. To protect against that, you would need a trademark registration. A name cannot be protected by copyright, you need trademark protection for that.
Really, you need an attorney’s assistance. For a couple hundred dollars, you can get an expert to help you obtain copyright protection for your website. It is worth it. If you really cannot afford an attorney, I recommend reading the instructions online at copyright.gov. You should not need to submit a physical CD.
I have written a book that I would like to send to a publisher. Should I copyright it before sending it? Do some publishers refuse copyrighted material?
I’m am very confused about copyright and trademark laws. I made a shirt with a simple phrase on it, pretty much one word and i’m not to sure on how to protect it. Would it be a copyright or a trademark? Thank you.
What if you have a web based business “Software as a Service”. What are the steps I should take in order to protect the name of the business and website, design of how the website looks (Front end Design) the design uses animations and trendy themes, and finally the actual application design (the functionality of the website). Do I trademark the name of the business and website? copyright the design (animation)? and should I apply for a patent inorder to protect the actual application of my website? if I do apply for a patent? which one should I apply for a provisional? what if I already have the application ready? should I apply for a non provisional patent?
And if you can give me an idea of the cost of each (Trademark, Copyright, Patent) I will greatly appreciate it!
I look forward to your response!
Louis,
It sounds like you have the idea. Trademarks protect names, copyrights protect designs, patents protect functionality/applications.
Costs can vary greatly depending on what attorney you use and, in the case of patents, the type of application you apply for as well as the technology and difficulty you run into trying to get your patent granted. I will contact you directly with my own fees. Generally speaking, you can expect maybe $250-$500 for a copyright, $750-1500 for a trademark, and $10,000-30,000 for a patent from beginning to end (over several years).
Jorge,
You may not be able to protect it. One word cannot be protected by copyright. If you use the word as a brand name, it can be protected as a trademark. Generally, clothing designs are NOT protected by copyright or anything else, in the U.S. anyway.
Kristy,
I do not do a lot of work with publishers. My understanding is that usually publishers like to apply for the copyright registration themselves, but I do not see why they would refuse a work with a registered copyright. At the same time, a reputable publisher is not likely to rip off your manuscript.
I’d like to register a copyright regarding a changeable wall concept (architecture and interior design). Is that considered creative work and can it be copyright? Or is it a patent?
Architectural designs are protected by copyright. The appearance of a decorative design generally can be protected by copyright. If you want to protect the functionality of a design, e.g. the way the wall is moved, etc., that could only be protected by a patent. A patent on the method of movement could cover any system that functioned in that manner, regardless of appearance.
Mr. Hyra,
I have an idea for a website/movie type deal.. i was wondering if a copyright would protect that idea and anything that might branch out from that idea? if so do i need to send in a detailed copy of the idea and all that would be happening? and if something more pops into my head after i have received the copy right can i use it safely without having it stolen? thank you for your time,
-K
Copyrights do not protect ideas per se. Ideas for movies, books, etc., are taken and used by others with some frequency. Copyright only protects the expression of your idea in a tangible form, such as writing, drawings, or videos. A script, mock-up, character sketches, plot outline, all would be protected by copyright. For the best protection, copyrights should be registered with the Copyright Office.
I have over a hundred funny sayings and some have artwork that I will be putting on T-shirts that I will be selling. Is it possible to copyright them, and if so how would I file them.
Original text and graphics can be copyrighted and should be registered with the Copyright Office. If you need help completing the online forms, I recommend contacting a copyright attorney.
My son presently is in prison because he would not be a snitch but before he went in and during the time he has been in there, he has asked me to register a copyright on his clothing line that once he gets out will be made and sold and probably open a store of some sort. We are not able to afford an attorney, registering a trademark or anything like that. The fee of Copyrighting is more in our ballpark. His main purpose to secure the name of his clothing line to be sold is so no one else can “steal” it and use it. Can you give me any advice please?
Laraine,
Business and brand names cannot be copyrighted. They can only be trademarked.
So if i write a book and want to copyright it, would i then have to trademark the title of the book since the book title may be only one word?
Ian,
Yes, the copyright for the text of a book is separate from a trademark for the title of the book. The title cannot be copyrighted. Keep in mind that the purpose of a trademark is to prevent confusion in the market, so it may not even be necessary to trademark the title. Would someone be confused between your book and another if they had similar titles but different authors, cover art, and sizes? It might not be an issue.
I have an idea for a film written out as a Treatment / Sinopsis
Where I describe the style of the film, genre, even possible casting as well as story and details.
I showed my professor whom is a film producer these documents, but now I fear he might use them.
Should I copyright them to protect myself and the rights to have money if the film is made? If not what should I do and what is the price tag?
In the United States, copyright protection is generally the only kind of protection available for documents relating to movie or other entertainment ideas. However, the actual ideas contained in the document are not protected, only the actual text of the document. There really is no protection for general plot ideas- these should be discussed under an NDA if you want to avoid having them used by others. Story and character details could be protected, depending on their nature and the level of detail.
Would a design for a tshirt need to be protected by copyright or trademark?
If the design is a logo for a company that makes the t-shirt, it could be protected as a trademark. If it is a graphic design that is “conceptually separable” from the t-shirt, it could be protected by copyright as an artwork.
Other t-shirt designs might not be protectable by copyright or trademark. Fashion designs generally cannot be protected by copyright in the U.S. Something can only be protected as a trademark if it serves to identify the source of a product or service. Therefore, a merely decorative design on a t-shirt could not be registered as a trademark, if it is not source-indicative.
I have an internet idea- a website idea. Is that a copyright or a patent?
I am wondering “How do you copyright an app?” like an app that you want to create for iphone?
Hello! I just completed a documentary and I’m submitting it to film-festivals. I wanted to know how to protect my idea and film from the masses? Also should I copyright the title of the film? Can I get sued if someone else uses the same title as my film?
thanks!
Also…where can I hire a good attorney in LA?
Jo jo,
It could be both. A patent to cover the functionality of the website, and a copyright to cover the text and graphics.
An app is a computer program. There are good instructions at the Copyright Office website copyright.gov or you can consult an attorney.
FreedomD,
You cannot protect the idea per se, but you can protect your documentary by registering your copyright in it. You could trademark the title of the film. You would not generally get sued for trademark infringement if you were using the mark first. You do not need an attorney in LA necessarily, since IP law is generally federal law, however you might try the state bar referral service of Avvo.
You explained earlier, on 10-18-10,
The only advantage to copyrighting different works together is that you save money on the application fees. Copyrighting multiple works together would not stop you from later publishing them individually or enforcing your copyright for one of the works by itself. However, it would make it more difficult to license your works individually.
Could you explain what the process would be inorder to license the work individually, though it would be difficult. Also would you express your view concerning would this perhaps being the best way to start out for beginning and novices and gradually registering each work indivdual or will that not be necessary. Thanks for your consideration.
You just have to be very clear about what exactly you are licensing. You cannot simply say “the work in U.S. copyright registration X”, because the license is only for a part of that work.
If there is a large number of designs capable of being registered together and the copyright owner is on a budget, it generally makes sense to register them together.
I have a degree in Graphic Design, I just got fired from a company (a restaurant) which I did some design for. The design was not a part of my job title, I just did it out of kindness and passion for the company. Now that they have let me go, they expect me to hand over all of my designs. Is this legal? Do I have rights to my designs? They never paid me for the designs. I haven’t even said anything to them about still using the hard copies or compressed images they have. What do I do? HELP!!!!
Hi, and thank you so much for all your helpful information.
I have created and added something simple/different to a golden hooped earring.
Would I trademark, or copyright this jewelry design?
Thank you.
Generally speaking, for anything you do within the scope of your employment the copyright is owned by your employer. Outside of the scope of your employment, you own the copyright. Whether it is within the scope of your employment or not could be a tough question that an attorney would have t research and give you an opinion on.
A jewelry design would be protected by copyright. Trademarks are for business and brand names, logos, etc.
would it cost $35 if you registered an entire album or would you be charged $35 per song. Also, say i submitted it and start promoting, playing shows, etc, and during the “waiting period” a song i submitted was stolen. Could i claim it and the copyright i submitted still uphold or am i just s.o.l? Thanks.
Also, are any of these other companys such as legal zoom or websites that offer copyrights and trademarks legit?
If you register an entire album in one application, the government fee would be $35. Generally, multiple works can be regsitered together if they are released together or are all unpublished.
A copyright registration’s effective date is the day it is filed. So, a work being stolen while you are waiting for your certificate will not affect it.
I cannot comment on unspecified websites that assist with filing trademark and copyright applications. I am sure many of them are “legitimate.” I would recommend using a good attorney though, at least initially.