What is the difference between a Federal Trademark Registration and Common Law Trademark Rights?
Contact Us to protect your Intellectual Property!
Don’t forget to register for you spot and join Dave Ratner at Art + Law: Colorado Springs!
The morning CLE session, beginning at 10:00am will help attorneys learn how they can support Colorado’s creative community. The afternoon session, starting at 1:00 pm will focus on helping the creative community navigate legal issues. A networking lunch at 12:00 pm will be open to those attending either or both sessions
Details:
Date: Friday, November 15, 2019
Time: 10:00 am - 4:00 pm
Location: Harvey House at Catalyst Campus
The owner of a copyright has a set of exclusive rights, and we like to call these rights your “Bundle of Sticks”.
Creative Law Network can help you protect your copyrights and use your bundle of sticks.
Contacts Us and let’s talk about your intellectual property needs!
As a creative professional, you’re constantly creating new and innovative offerings. Imagination is your tool and you wield it with skill. With pride, you share your discoveries with the world - only to see it copied or sold on some online store three weeks later.
It’s a story old as time: creators create, pirates profit. While your art, music, film or app, is your passion, each one may also be your livelihood. It can be frustrating to make a living when your work is stolen and sold out from under you. So, what can you do to protect your work and avoid litigation against those who are abridging your IP rights? Better yet, what can you do to protect yourself in the first place?
The answer is due diligence and up-front planning.
Organization and due diligence can help creators avoid headaches down the line. It’s critical to keep track of the work you do, who you are doing it with or for, and take steps during the process to protect your work. While social media is great to get the word out about your latest innovation or design, move deliberately when it comes to the publication and promotion of your work. Once it’s in the public domain, it can be difficult to protect it from copying and infringement.
But all is not lost. There are concrete steps you can take to protect yourself and preserve the value of your work:
If your work is an image, sketch, painting, or photograph, use a watermark on any image you post online. This watermark provides the source of the work, and you can use a copyright notice. This is an easy deterrent against unauthorized copies and displays of the image – online or elsewhere. For music or film, you can also add digital watermarking, audio tags, or metadata, which allows you to track and monitor any unauthorized distribution of your work.
If you are posting your content on your website, disable mouse right click or copy (Ctrl + C) hotkeys on your website. This makes it harder for individuals to copy your images or files to their computer or device for distribution or illegal use.
If you are selling online, display low-res images or video so high quality materials are only available by purchase.
Take digital photos of your finished work or save it with a digital timestamp. This provides you with proof of when your work was created in the event you need to demonstrate your priority as owner, if someone copies your work.
Never forget to include a copyright notice on your work and anywhere your work is publicly available.
Your creative works – regardless of medium or discipline - are not just a product of your passion. They are an asset that must be carefully monitored and controlled to maintain value and preserve your rightful protections. While most work is created with the purpose of profit, even if you aren’t creating with the intent to sell or generate value, these assets have incalculable worth and should be strategically protected.
Contracts are Essential to Value Creation and Preservation.
If you are designing, building, or creating something for someone, with someone, or are employing someone to distribute your work, a clear, well written contract is crucial.
Contracts can apply to any number of different scenarios, and there are many things a contract can clarify when it comes to your work and how to protect it. Fundamentally, a contract is imperative in determining ownership rights to, especially if other people are involved at different levels of work creation. In the event multiple people have contributed to your work, they all own it as joint owners, unless otherwise set forth in a thorough contract.
Contracts can also determine your rights to your work when it comes to commercial sale or licensing. Contracts are a tool you can use to your advantage in the protection and management of your creative works. But a tool is only useful if it is used for the right purpose. You don’t use a hammer to put in a screw. A lawyer with experience in the innumerable scenarios where a well written contract can protect your rights and thrive as a creator is an indispensable ally in building value in your work and business, helping you create a contract tailored to you and your situation with the best tool for the job.
Original Works Worth a Copyright
A copyright is an intellectual property protection available for original works of authorship that are tangible in form, whether published or unpublished. Think of a book, an article, a musical score, a video game.
So, what does that mean?
A copyright protects original work you create, such as art, music, photographs, movies, games, literary works, and so much more. A copyright covers the actual tangible creations, not the idea itself, and it’s important to note that a copyright in your work exists automatically upon the creation of that work. Under U.S. law, a copyright applies to the work the moment it is created.
Then, I’m covered, right?
Yes. But there are steps you can take to strengthen that protection and enhance the value of your creativity and innovation. First, put a copyright notice on all your creative work. This serves as notice of your underlying claim to ownership.
Second, consider registering your copyright with the United States Copyright Office. You may be asking, “Why would I pay money for a protection that is automatically granted?”
Registration with the Copyright Office provides you with extra protections, as well as extra pathways for remedies in the event of infringement. Registering confers a public record of ownership, protects again the import of infringing products into the US, enables you to bring suit in the federal courts in the event of violations against ownership, and allows you seek statutory damages and attorney fees - all of which you cannot do if you don’t register your work. Down the line, registration of copyrights can save you considerable money and hassle. Here again, qualified legal counsel – while representing an investment up front – can protect you against challenges to ownership in the future and costly remedies to prove your ownership rights.
Don’t Back Down
So often, we see creators faced with the harsh dilemma of what to do when someone infringes on their work. Is it worth the hassle of tracking the infringer down? Will people look down on me for going after other artists or creators? Will it even work in the end? Never be afraid to defend and protect the product of your creative mind. Creative Law Network helps innovative, visionary creators across disciplines to find their voice and ensure your rights are protected. Sound counsel will ensure no one wrongfully profits off of your hard work.
When you’re designing a new video game, crafting a novel, writing music that will inspire, thinking strategically about how to protect creative work and what will happen once their labor of love reaches the world is often far from your mind. That’s why entertainment lawyers exist! It’s a highly specialized area of law that presents unique challenges for creators across disciplines. Creative Law Network was built for the arts and innovation. Count on us to assist you in protecting and controlling the creative assets you own, making sure you spend more time building, crafting, designing, and entertaining then chasing down infringers or defending your rights. We’re here to protect you and your work, walking with you at every step of the creative journey.
Contact Us
We know from “What is a Copyright” that whoever creates a copyrighted work, is the owner of the copyright in that work.
But, there is an exception. That exception is called Work for Hire.
Steeped in classic soul standards and outfitted with modern flair, The Burroughs are a nine piece band with a powerhouse sound that has been electrifying audiences across Colorado and beyond. Since 2013, the band has lit up stages with their trademark brand of “Sweaty Soul Music,” quickly earning their rightful place as one of the best live bands in the region.
No newcomer to uplifting spirits, Johnny Burroughs works as a licensed minister and music pastor. His church upbringing serves him well on stage, where the red-headed frontman sings, dances, and screams audiences into a revival-like frenzy. His dynamite backing band includes a sizzling 4 piece horn section and tight 4 piece rhythm section that are as versatile as they are fun to watch. The band’s live performances are capped by choreographed dancing, soaring solos, and funky grooves, with the goal of moving the audience to a joyful celebration by each show’s closing tune.
In July of 2019, The Burroughs released a pair of singles, "The Slip" and "Forever In Love," with Denver-based label and artist collective Color Red. 303 Magazine called the release "a funk-focused, witty complimentary pair of tracks that are like nothing you’ve ever heard in decades." The new music marks a season of growth for the band, as they continue a trajectory towards bigger stages and audiences. The band has performed at festivals and venues including Salmonfest Alaska, Bohemian Nights New West Fest, Denver's Underground Music Showcase, and the Mishawaka. They have opened for acts including The Motet, The Steve Miller Band, Keller Williams, The Dirty Dozen Brass Band, and The Main Squeeze.
Don’t forget to catch some live Sweaty Soul Music all over Colorado this month!
Next up on our Intellectual Property mini series: Trademarks!
Trademark protection is an extremely important part of creating your brand, and we can help!
Contact Us and let’s talk about your trademark needs!
Contracts. You can’t escape them. They’re a part of our daily lives, and they provide the legal framework for all of our business interactions. This is especially true in creative fields, where ownership and creative control over the things you create is priceless. Contracts can make or break you when it comes to business relationships and protecting the things you poured your heart and soul into creating.
But, contracts can also be expensive and confusing. It may be tempting to find cheap and easy substitutes for a professionally tailored contract and create one on your own from the Internet. The Internet is great, don’t get me wrong, and it has endless information and resources. However, it can be like drinking from a firehose - endless information, no filter. There are countless websites offering DIY contract templates, as well as countless examples of contracts for all kinds of scenarios.
So, what’s wrong with creating a contract from these examples? While they may seem thorough enough, DIY contracts often don’t offer the specific protections YOU need. Those who go it alone without benefit of a tailored contract can run into a number of critical issues – if not immediately, then somewhere down the road.
Like fingerprints
Not all situations are the same. This is especially true in the creative industries. Your situation is unique, just like your talent, so your contract should reflect that. Infrequently will you find an Internet-template contract that perfectly addresses and encompasses your services or your situation. A skilled entertainment lawyer can accurately assess the risks and rewards of a well-crafted contract to create a document that reflects your needs as an individual or business. While it may incur additional costs upfront, the savings from having to defend your best interests down the road can be priceless.
Differing Law
In addition to Federal laws, each state has its own set of laws, regulations and judicial interpretations. These laws and regulations are constantly changing and evolving – and no DIY contract can keep up with shifting requirements. Contract clauses that are relevant in one state may not be relevant in another. In fact, the inclusion of some clauses can completely invalidate a contract in certain states where an unenforceable clause invalidates the entire agreement. This can be an important issue in the creative and music industries where many of the contracts you can find online will be from the few states where these industries flourish, namely California and New York. Things that may be relevant in California and New York, may not be relevant in your state.
What needs to be here?
Contracts are designed to address your specific and certain needs. But what are those needs and how should they should be protected?
The problem with DIY templates or patchwork contracts blending examples found online is they often include items that don’t need to be there. Or they leave out items crucial to you. They are designed for the masses, resulting in a vague agreement that lacks customized language for your specific needs. Contract language can be complex and it often takes a trained eye to determine when something needs to be said or when something doesn’t work to your advantage. It’s also important to ensure that clauses put together from other agreements don’t contradict or invalidate each other.
The devil is in the details in the legal world and even the smallest omission or contradiction can invalidate an entire document. An entertainment lawyer practiced in the creative industries will understand your needs and how they relate to the law – the where, why, and how you need to be protected from future headaches. A custom contract ensures you receive all of the rights and protections you need without extra language that can confuse or invalidate your contract.
Crystal Ball
A contract needs to clearly articulate the present transaction or situation, but it does so much more. Here are a few examples of what a good contract should do:
Explain how you get paid;
Handles the situation if one party doesn’t follow through on their responsibilities;
Protects you against liability in circumstances beyond your control;
Clearly dictates ownership and usage rights of your creative intellectual property.
As lawyers, it’s our job to look to the future and imagine all of the possible scenarios in order to plan and minimize your risk and maximize your gain. A sound contract takes into account all of the possible risks you could face - no matter how slight - and provides protection against those perils.
Cost
While a professionally drafted contract may seem more expensive on first glance, we view it as an investment in your financial and business future. The cost of a properly drafted agreement pales in comparison to the cost of a lawsuit arising from a poorly drafted one. A properly drafted contract protects you as you grow and prosper. A lawsuit, of any size, can quickly destroy your business with the time and expense drag it brings. Protection down the line is always worth the initial price.
What language is this?
Contracts are, unfortunately, often written in so-called “legalese.” Legalese is a language all its own and can be confusing to, well, virtually anyone. Just like writing in any other language, you can find yourself in legal hot water if you don’t know exactly what you’re writing. While we avoid legalese as much as we can, we understand the balance between it and plain English needed to build a solid and defensible contract.
Brevity is the soul of wit
Many DIY contracts throw a thesaurus at a wall and see what sticks. So often, we see thousands of words that say very little when a few words could speak volumes. How often have you been confronted with a contract that would put War and Peace to shame? No one wants to drag their way through 20 pages of dense legal language when all they want is to get the deal done. More is not always better when it comes to protecting creative assets. Clear and concise language not only protects you and your business, it makes for a document that won’t hinder the completion of a sound business arrangement.
If you’ve been weighing the pros and cons of a DIY contract or one more specifically tailored to your needs, give us a buzz. We can walk you through the necessary steps, explain the process, evaluate your existing contracts, and build an agreement that provides you all the necessary protections you need to thrive.
Better still, beyond just a contract, you’ll receive a relationship with attorneys that understand your talents, your goals, your potential obstacles, and future rewards. You can count on Creative Law Network to always stand in your corner.
Email us or call us at 720-924-6529
Now that you know what Intellectual Property is, let’s get more specific.
What is a Copyright? Dave will tell you!
We would love to help you with your Copyright needs. Give us a call at 720-924-6529 or send us a message through our website.
Join us at 2 awesome Startup Week events tomorrow:
Anatomy of a Contract
Tuesday, September 17th - 8am - 9:30am at Healthgrades Operating Company Inc.
Contracts are notorious for being written in an obscure language, otherwise known as “legalese.” However, contracts are the backbone of a business and can truly make or break your success as a startup. Whether you're signing a contract or delivering one for your company, there are some common components that every startup business should be looking for and know how to decipher. We will dissect the basic elements of a few standard types of contracts so you can be better informed and protected in your business.
Speed Legal: Starting, Growing, and Funding Your Business
Tuesday, September 17th - 12pm - 1:30pm at the Jake Jabbs Center at CU Denver (5th Floor Laube Commons)
Founders face pivotal decisions in the early stage, from initial incorporation to HR, stock options, and IP strategies. Then, there’s funding, growth, and exit. The pitfalls are perilous if sound decisions don’t start at the beginning. No matter where you are in the startup journey, this program has something for you. In an interactive 90 minutes, attendees can select specific tracks. Need IP help? Join the rapid-fire roundtables on patent strategies and IP protection. Looking to make the first hires? Evaluating funders? Dedicated roundtables will be set up to address all key startup legal issues. In small groups, you’ll learn from experts and peers in a dynamic learning environment.
Find out more information about these and other events at Denverstartupweek.org