Why should I register a copyright?

Strictly speaking, copyrights automatically attach to any original work, whether it’s an image, a sculpture, recorded music, or even this paragraph. However, the right that comes with that is known as a “common law copyright” – and is something for which damages can be hard to put into numbers. By registering copyrights with the federal government, there are set damages put into place by law, starting at $750, going up to $30,000, or even more if a person can prove intentional infringement. The copyrighting process is not as complex or expensive as registering a trademark, and can be done for your own original work, or for work for which you’ve received an assignment of rights. Of particular note for budding entrepreneurs, this statutory protection can be used for a business logo, giving additional rights on the same image that has been registered as a trademark, or even giving some specific and easily-enforced rights before a trademark has been registered.

Do I need a trademark?

Trademarks are names and symbols designed to differentiate between one company’s products and services, and those of its competitors.  The recognition of a brand within a crowded marketplace is often a crucial part of a company’s value.  Protecting or failing to protect intellectual property can make or break a company. However, the process for registering a trademark is a long one and can be costly for a start-up. Wheelhouse Legal generally advises its clients to wait until getting some traction in the marketplace before registering a trademark – but not to wait too long, as an ounce of prevention can be worth a pound of cure, and having a registered trademark is a powerful disincentive to infringement by competitors.

 What about patents?

A patent is a different means of protecting specific kinds of intellectual property, such as chemical compositions, innovative machines, or industrial processes. The registration of patents is an intensive, expensive, and highly specialized field of the law, requiring the passing of a separate Bar Exam specific to patent law. The typical patent attorney has a significant science background, and many are on their second career, after serving as engineers or doctors. Most ideas are not able to be patented. For those that seem to be, Wheelhouse Legal is able to provide a referral to a carefully vetted specialty firm. To talk over whether your idea may be able to be patented, book an initial consultation.

What can Wheelhouse Legal do for me?

Wheelhouse Legal can guide you through the filing of the paperwork to register your intellectual property, or file for your trademark or copyright registration application, in a process designed to suit your needs.