Copyright Law And Legal Protection Of Your Work

By Gabriel J. Adams Platinum Quality Author

Copyright law is a means of securing legal protection of your ownership of a publication or another type of intellectual property, such as a website or a blog. If you publish a book and sign a contract with a publisher, you normally agree to relinquish all rights to the work until a certain condition is met. This can be a length of time, in which case you will start to earn royalties after your book has been in print for a certain number of months. It can also be a price, which would be the total royalties that your book must earn before you start getting paid. This price is normally your publishing advance, so when your book has made more than your advance, you start earning royalties.

When you publish a book, a website or a blog you automatically establish ownership of that content, whether you sign a contract or not. International copyright law can be extremely complicated, with many different clauses and conditions. However, the standard copyright for any publication is the life of the author plus fifty years. Once this time is over, the copyright of the publication could fall into the hands of any number of entities. Your copyright usually falls into the public domain, but you could have a special clause in your contract stipulating otherwise.

There are two different types of copyright that are generally established for a publication. The first is the copyright in the literary work itself, which has the duration of your life plus fifty years. The second is the copyright in the layout, format and distinct “feel” of the publication. According to copyright law the content remains your intellectual property for fifty years after that specific publication, so if your book sees a new edition a century after its first publication, you will still own this copyright.

Get a minnesota business lawyer to help you with minnesota law, including copyright issues.

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Also see "Avoiding Patent, Trademark And Copyright Problems"

Why Patent?

Why Patent? Part I
By Mark Fortimer Platinum Quality Author

If you've wondered why you need a patent, this section will help you understand that.

The purpose of a patent is to protect the intellectual property of the inventor. Patents prohibit anyone other than the patent holder from making or selling the patented item (or using the business method, or planting the new plant, in the case of those patent types) without the permission of the patent holder. Some patent seekers intend to manufacture and sell the patented item themselves, while others intend to license the patent to others – in effect, selling the right to produce the invention while retaining ownership of the idea for a period of time.

Protecting Yourself
Protecting your ownership of an invention is the main reason why you should consider getting a patent. When you want to hold the ownership rights for an invention, it is imperative that you file for a patent as soon as possible. As the owner of the item it is very important to establish your rights.

Preventing Other People
The second main reason for obtaining a patent would be to prevent others from stealing from you. Without a patent, anyone can make, market and sell your product without you receiving any compensation. This is especially important in situations where your invention will end up becoming popular, possibly making a lot of money.
By preventing others from distributing, selling, or manufacturing your invention, you preserve your right to earn profits from the invention. This is usually the reason why large companies quickly seek patents for a new product idea, especially in the pharmaceutical industry.

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Why Patent? Part II
By Mark Fortimer Platinum Quality Author

What You Can Patent
The USPTO have established a broad area of things on which it will consider granting patents. It is possible to patent anything that you have invented or designed, a new plant you have found, a business method, or an improvement of a previous invention.
Items that have historically been granted patents are usually:
• Items which are new to the general public.
• Items which are considerably different than any other item which has received a patent.
• Items which are practical.
These are the types of inventions that the USPTO will generally look favorably on.

Think of all the items used on a daily basis - from the linen on your bed, to the shampoo you wash your hair with, the nondairy creamer in your coffee, to the parts on your car, and the desk you sit behind at work – all these have, or used to have, patents which their manufacturers used to protect their rights.

What You Cannot Patent
There are certain things that you cannot patent, including ideas. There have been cases in the past of people suing others for stealing their idea, creating the product and patenting it. Believe it or not, this is perfectly legal.

Another thing that cannot be patented is nuclear energy, or anything that is associated with constructing nuclear bombs. Inventing machinery or tools for nuclear warfare are destructive and not useful items, and therefore will not be granted a patent.

The Patent Office will refuse to patent any item that has already been sold commercially. Therefore, before distributing or selling your invention, obtain a patent.

If in question about needing a patent, read this article again.

Article Source: http://EzineArticles.com/?expert=Mark_Fortimer

Trademarks - Important Things You Need to Know

By Chin Lee

At the outset, it becomes important to know what a trademark is. Take a scenario where you have designed a particular product. How do you let competitors and everyone else know that the product is your design and belongs to you? How do you prevent others from copying your idea and ensuring that they do not make their millions on your brainwave? A simple way is to use a trademark.
A trademark is a symbol or sign that an individual or an organization uses to identify products and services that it has developed as its own. Basically, it assigns ownership rights to you for specific products and services you have developed. A trademark is something that an individual or organization uses to identify specific products or services as their own. You may register your trademark with the US Patents and Trademarks Office (USPTO). If your trademark is registered, you are allowed to use the ® sign. Otherwise, you can use the TM or the SM sign.
Legal Issues Involving Trademarks
However, your right over the trademarked product is valid regardless of whether you register it or not. Owning a trademark gives you the right to start legal proceedings against anyone who uses your trademarked product or service without prior permission. A person who uses your trademarked product or service without prior permission is said to be infringing on the product. This is a recognized offense, and is called trademark infringement.
Enter the Trademark Attorney
So whom would you turn to for help if you want to initiate legal proceedings against someone who is using your trademarked product or service without prior permission from you? This is where the trademark attorney can make a big difference. A trademark attorney is basically a lawyer who deals with all legal aspects of trademarks. Trademark infringements happen to be one of the things they deal with. Just as criminal lawyers specialize in criminal law, trademark attorneys specialize in the field of trademarks.
In USA, lawyers do not have to undergo any specialized training to be trademark attorneys. This is not the case in Commonwealth countries like the UK, New Zealand, Australia, etc. In these countries you must clear certain exams and be duly qualified to practice trademark law.
Applying for a Trademark
How do you apply for a trademark? Does it involve a convoluted process? To apply for a trademark, you must first fill up an application form. The application form must contain the name of the individual or organization filing for the trademark. Besides, it should also contain a legitimate address to which the USPTO can forward any correspondence and a proper drawing of the mark.
Other things the application must mandatorily have are the listing of the product or service you wish to trademark and also the filing fee.
You can get the application at the website of the USPTO. You can make use of the Trademark Electronic Application System (TEAS) to file your application with the USPTO. If you do not want to file the application online, you can get a printed form from the USPTO and mail it to the organization after filling it up.
While the USPTO encourages online filling of the application form and even sending it by mail, it does not encourage facsimiles of the application form.
Some Facts about Trademarks
Here are some more interesting yet relevant facts about trademarks. You do not necessarily have to be an American citizen to apply for a trademark with the USPTO. However, in case you are not an American citizen, in your application form you need to mention the country whose citizenship you hold. It may be that you hold dual citizenship. In such a scenario you must specify which country’s citizenship you wish to be displayed on the official gazette as well as the registration certificate.
Even if you have your trademark registered federally, the validity is only inside the USA. In case you have a trademark issued by the USPTO, you can get registration for the same with the trademark organization of any country that is part of the Madrid Protocol. You can do this by filling an application called the ‘international application’. You have to submit this application to USPTO, which will forward it to the International Bureau of the World Property Intellectual Organization.

This article is contributed by InventorsDream.com (Trademark)

Article Source: http://EzineArticles.com/?expert=Chin_Lee

Also see "Avoiding Patent, Trademark And Copyright Problems"

Registering Your Brands - Top 10 Benefits

Registering Your Brands - Top 10 Benefits
By Alan Cyrlin

Would you like to increase the value of your company’s brands?

Through traditional advertising methods, you have already invested resources promoting your company and its brand names. There is an additional legal step you can take, however, to boost your brand’s value and your company’s prestige: register your brands with the U.S. Patent and Trademark Office in Washington, D.C.
Many businesses, as a matter of course, file federal trademark applications each time they roll out a new product, logo, slogan or name. For example, in 2006 the number of trademark applications filed with the U.S. Patent and Trademark Office reached a record 354,775. (“Performance and Accountability Report Fiscal Year 2006 Other Accompanying Information,” U.S.P.T.O.

If you run a business, you may already hold a treasure trove of trademarks eligible for federal trademark registration. The law defines a trademark as including “any word, name, symbol, or device or any combination thereof” used by any person “to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.” 15 U.S.C. §1127.
In lay terms, a trademark or service mark (similar to a trademark, but covering services instead of goods) is simply a business’ brand. Examples of trademarks include the words Chevrolet, Microsoft and Ben & Jerry’s. A mark may also be a slogan, such as American Express’ Don’t Leave Home Without It.. Logos -- such as the Nike “swoosh” design -- also qualify as a trademark. A mark can even be a distinctive sound (such as the roar of the Harley-Davidson motorcycle).
Below are the top 10 benefits of registering your trademark:
1. Nationwide Protection. How can you garner legal protection across the United States? In the U.S. you generally acquire rights by using the mark in commerce (e.g., sell products or services with the mark). However, these rights may be limited to those areas in which you were the FIRST to actually USE the mark and to those zones in which you would be expected to naturally expand. Therefore, if someone begins using “your” mark in a particular locality, they can claim that they own the mark (at least in that locality) and that you are the infringer. However, a federal registration is valuable because creates a legal presumption of ownership nationwide. Without a registration, your trademark rights may be limited to the geographic regions and goods/services in which you first used the trademark. More importantly, you can secure nationwide protection even before you actually use your mark. This is accomplished by filing an “intent to use” application. If the application is successful, you will have a priority date of the date of the application.

2. Company Asset. The registration becomes a valuable company asset. In fact, the single most valuable asset in the world is the COCA COLA registered trademark, estimated to be worth approximately $67 billion. (“The 100 Top Brands 2006,”Business Week and Interbrand Corp. .

3. Licensing.. The registration makes it easier to license your trademark – allowing you to receive royalties whenever your licensees use your brand.

4. Prestige. The registration gives you the right to use the registration symbol – adding prestige to your company and its products.

5. Immortality. Like a diamond, a registered mark can last forever so long as you continue to use it and renew it. Some of the oldest U.S. trademarks include “Samson” (first used in 1884 and registered in 1906) and the Bass bear symbol, a red triangle (first used in 1856 and registered in 1921). Thus, for a relatively small investment, you could own a registered trademark that could be literally immortal.

6. International Protection Potential. You can use your U.S. trademark registration to obtain trademark registrations in foreign countries.

7. Lawsuit Rights. The registration gives you the right to recover statutory damages against a trademark counterfeiter, which can be as much as $1 million per mark. Further, the registration creates a legal presumption that your mark is valid, that you are its owner, and you have the exclusive right to use the mark in commerce in connection with the goods or services specified in the certificate of registration.

8. Incontestability. After five years of continuous use in commerce, your mark can become “incontestable.” This means that the registration cannot be attacked because of prior use or descriptiveness. So, the sooner you register your trademark, the sooner you will enjoy this incontestable” status.

9. United States Customs Can Help. The registration gives U.S. Customs & Boarder Protection (“CBP”), a bureau of the Department of Homeland Security, the right to seize goods that infringe on your mark. Having Customs on your side can be a big help when you find that someone is importing products that infringe on your mark.

10. Certificate of Registration. After your mark is registered, you will receive an official Certificate of Registration. This impressive Certificate makes your “intangible” intellectual property more tangible. It also becomes helpful if you ever decide to sell your business because the certificate of registration shows that your business, in fact, owns the mark.

Applying for a federal registration does have some costs. It can be expensive, time-consuming, and the results are often uncertain. Therefore, it is advisable to obtain legal competent legal representation to help you make your decision.

Finally, this article is intended to present an overview and should not be construed as representing advice on specific, individual legal matters, but rather as general commentary on the subject discussed. The information may not apply to your specific situation. No attorney-client relationship is established by this article.

Alan I. Cyrlin, Esq. is an attorney in Beverly Hills, California and practices trademark law. To learn more, visit http://www.ecjlaw.com/bio/AlanCyrlin.asp

You may also contact Alan directly at acyrlin@ecjlaw.com

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