Creatives: Protect Your Intellectual Property!

 

 

This is not a headline; it is a command. If you are a creator of any type, you need to protect your creations.

I spoke to a guy who paid someone to create a shirt design and a website. Apparently, the creator is holding his project hostage (I don’t know why) and is asking him for $5,000 to release it. He was almost in tears because he said it was his design and wanted to know how to trademark it. You can avoid these and similar situations by protecting your intellectual property.

Merriam Webster defines intellectual property as “property (such as an idea, invention, or process) that derives from the work of the mind or intellect”.

There are four types of intellectual property laws: copyrights, patents, trademarks and trade secrets. For the purposes of this article, I’m going to discuss copyrights and trademarks based on my research and experience. For a full explanation and better understanding of each type of protection, visit OC Patent Lawyer, written by Patent Attorney James Yang.

Additionally, you should always have a written contract that specifies the terms and other provisions of the project to ensure that you own the rights to the completed work after final payment.

Protect Your Intellectual Property

Copyrights

According to the U.S. Copyright Office, a “Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.”

It further states that: “Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.”

At the time of this writing, the cost to copyright is $55 per submission. Copyrights cover your original creative works, not names, terms or slogans. Those things have to be trademarked.

You do not have to hire a lawyer to complete these forms. The Copyright Office have easy-to-understand instructions on how to complete and submit your application.

By the way, the “poor man’s copyright”, where you mail yourself a copy of your project and keep it in a sealed envelope for a number of years, doesn’t work. Just pay the $55 and get federal protections.

Trademarks

According to the United States Patent and Trademark Office, “A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods. Some examples include: brand names, slogans, and logos. The term “trademark” is often used in a general sense to refer to both trademarks and service marks.” 

Federal trademarks start at $375 but are worth the investment it if you want to own the rights and words to your brand. Trademarks offer protection in the US only. If you are cash strapped, you can trademark words and logos in your state at a lower cost.

Again, you do not have to hire a lawyer to complete and submit your application. But you may decide to do so if you experience overwhelm while going through the process.

Contracts

Have a written contract that specifies that the project is “for hire” which means you are hiring the contractor to perform work for you. It should also include the scope of work, pay rates, terms of payments and what happens should the project fails or is cancelled for any reason. Most importantly, it should state that ownership of the work transfers to you upon final approval and final payment.

ALWAYS put things in writing. Even if you referred to someone or they seem “legit”. People’s words and handshakes don’t hold much value these days.

Keep in mind that they can hold your project hostage if you don’t pay in full. And if the contractor doesn’t have a contract, create your own and give it to him or her.

As soon as your work is done, protect it. As I always say, “If ideas weren’t valuable, people wouldn’t steal them.”

DO NOT GIVE AWAY YOUR INTELLECTUAL PROPERTY and don’t make it easy to steal. Protect your work with contracts, copyrights and trademarks.

 

Image credit: OC Patent Lawyer