Know the answers to the most frequently asked questions about our services.
Starting with creation, when a person creates something that falls within the umbrella of copyrighting (like a video, book, song, photo, app, etc.) and if the creation is original, then this work of art is automatically protected by US copyright laws. Since protection is automatic, most creators aren’t inclined to register their work with the US Copyright Office, but copyright law grants creators exclusive rights for their creations.
Trademarks generally protect words, symbols, phrases, or designs that distinguish brands so consumers can easily understand the source of their potential purchases. Some of us call it the brand name, but when it comes to trademarks, we’re more focused on brand recognition.
On the other hand, patents are used to protect inventions and their designs and functionalities. In other words. Every new and useful machine, process, improvement, or composition of matter should be patented. In doing so, 35 U.S.C. § 101 gives owners exclusive rights to employ processes or manufacture products.
Lastly, copyrights are registered to protect original and artistic works which include art, photographs, books, music, and movies.
Yes, they do. In fact, they apply just as they would in other traditional modes of media. Unless a copyright owner has permitted you or has mentioned limitations or exceptions in their application, activities such as distribution, mailing, uploading, and mass transmissions will be affected accordingly. If said limitations do not exist, then you and other people who shared the copyrighted work over the internet will be subject to copyright infringement laws. That being said, the penalties of infringing copyrighted work could be as high as $150,000.
Copyrights can protect an author's original works, including dramatic, literary, audiovisual, musical, and artistic works. This includes novels, poetry, songs, movies, architecture, and computer software. The Copyright Act defines the term ‘author’ as all kinds of creators, including visual artists, composers, writers, filmmakers, choreographers, musicians, architects, and even computer software programmers. Our website may refer to all of these individuals and agencies as ‘creators’ to avoid any confusion.
As it turns out, original works that were created after March 1st of 1989 do not need to be copyrighted to be protected by copyright law. However, there are quite a few benefits of adding a copyright notice to them, such as:
1. It notifies users that that the copyright to your work has already been claimed.
2. In the case of published works copyright notices can prevent defendants in copyright infringement actions and damages caused by ‘innocent infringement’.
3. Doing so will identify copyright owners when their work was published, which could be very useful for those looking for permission to use the work.
4. Doing so will also typically identify the first time the publication was copyrighted. This will assist in determining terms of copyright protection.
You don’t necessarily have to date or sign your works to have them protected by US Copyright Law. However, including all of this information could be useful in protecting your work, such as:
1. Doing so will identify the author of an original work, which could be useful for those parties that are seeking permissions to use your work.
2. Signing and dating works could prevent works from becoming ‘orphans’ since they clearly identify the author and specify the terms in the copyright.
and specify the terms in the copyright.
3. If the author's real name appears in the work, then the terms of the copyright may be based on the age of the author plus an additional seventy years. Including this information could help communicate whether a work of art is copyrighted and when this copyright will expire.
Copyright owners typically use this phrase to signify that they have reserved all the rights that were granted to them by copyright law. For instance, videographers that post their works online through stock photo-hosting websites such as Pexel, will commonly post their ‘All Rights Reserved’ notice in their work’s title description. Not using this phrase will not have any legal implications since it is not mandatory according to copyright law.
Section 102(a) in the US Copyright Act states that copyrights extend to all original authorship works that are fixed in tangible mediums of expression. So, to answer your question, federal copyright law will protect your work during its development over time and once it has been completed. Of course, there are numerous other benefits of voluntarily registering your work with the Copyright Office.
This is a common question among people who consider copyrighting their work. Well, there is no one-size-fits all answer to this question because the answer depends on your priorities. The answer to this question should typically depend on the nature of your work, your financial resources, how it is going to be used, and the probability of actionable infringement.
Yes, the US Copyright Office provides expedited services called ‘Special Handling’ and is only applicable in certain circumstances. Special Handling eliminates delays in the examination of claims by the Copyright Office and ensures that the application is expedited if a certificate is required for pending or prospective litigation, customs matters, and contract issues. That being said, these applicant requests are examined within more or less five business days.
Copyright Law defines anonymous works as ‘no natural person being identified as author’. Suppose their name appears on the phone records and copies of the work. In that case, it is not called anonymous work, even if the author prefers not to reveal their identity during the registration process. If you’re interested in the latter strategy, you can identify your work under a fictitious name, which could be a stage name, pen name, or any other pseudonym form.
Any work protected by U.S Copyright law, including those that originated in foreign countries, can be registered. In the United States, all the works are protected, regardless author’s nationality. The works that were first published in the U.S or in a country with which we have a copyright treaty can also be registered with the U.S. Copyright Office.
Yes, if you are a minor you can also claim copyright. They can also file registration with the U.S. Copyright Office. State laws may influence the business dealings that include copyrights owned by minors. It will be wise to consult a professional attorney to acquire more information on relevant state laws.
No, it is not necessary to publish your work to protect it from copyright. You can also copyright an unpublished work.
Yes, there are a few things that Trademark Genesis does not provide copyright protection because the U.S. Copyright doesn’t allow their digital filing. Such as:
• Group of Newspaper Issues
• Group of Newsletter Issues
• Group of Serial Issues
Just a simple listing of ingredients does not qualify for copyright protection. But a recipe can get copyright protection if it is published in a renowned cookbook or is famous. We would not advise you to submit a recipe for copyright protection if you are planning to keep it secret because all the copyright applications are public records.
No, we do not provide copyright protection to any names, titles, or phrases. But a logo might get copyright protection under a few conditions. If a logo has credible authorship, it can qualify for both copyright and trademark registration.
No, your ideas, concepts, methods, or plans cannot get copyright protection. The only way to copyright your ideas is to present them in a tangible form, like in writing or a digital copy.
When you register the copyright, you get the right to do multiple things, like:
• You can distribute copies of your work
• You can publicly display your work.
• You can showcase your work publicly, in person, or record both.
• Republish or reproduce the copies of your work.
• Create derivatives of your work
To prove copyright infringement, the copyright owner has to prove the following things:
• You should prove your authentic ownership of the copyright.
• You can prove factual copying by circumstantial or direct evidence. In order to prove a circumstantial claim, you must prove that the infringer had access to your copyrighted work before the creation of the infringing work, and the work contains similarities with your copyright work.
• If the copyright owner is claiming a substantial similarity, then the owner must provide evidence that the copyrighted elements in the two works are very similar.
Take a look at why people are opting for Trademark Genesis
Designing something unique takes a lot of effort and time, and it hurts a lot if someone steals it and takes the credit you deserve. Previously, it has happened to me, but I am relieved that all my creative properties are protected since I have been working with Trademark Genesis.
I can now entirely focus on my online business because I don’t have to worry about the security of my website or intellectual assets. Trademark Genesis has protected my intellectual properties by registering my trademark.
The domain name of my website got stolen previously, and it cost me a lot. So one of my friends recommended me Trademark Genesis to register my trademark for my website. After that, it is all good, and my business is running smoothly through my website.
Trademark Genesis is the best choice for anyone seeking to register a trademark for their intellectual properties or brand essentials. They will make the whole registration process look seamless and file your application in no time.
Trademark Genesis has a fantastic team that will help you understand and guide you through the whole registration process. From completing your documentation to filing your application with USPTO, they will handle everything perfectly.
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