Copyright Law in Kansas

Creatives give a good portion of their time and livelihood in order to bring new designs and ideas to the marketplace. Because of this, you should take every precaution to be sure that your intellectual property is protected from any bad faith actor. To further this, you may want to seek the expertise of an experienced copyright lawyer in Kansas.

What Is Copyright Registration?

Copyright registration offers the author of a piece of work in Kansas some protection from those who attempt to steal their idea.

A novel creation receives copyright protection when it becomes fixed into a tangible form. Copyright law dictates how to establish this ownership. Additionally, it explains how to register intellectual property or defend against infringement.

Copyright registration is a type of public record for ownership. Technically, a piece of work doesn’t require copyright registration for protection under the US copyright law. However, you should register your product in Kansas with the help of a copyright lawyer. This can offer you several unique advantages. By doing this you can:

• Protect your work against the importation of copies that infringe the registration. Your registration will be recorded with the United States Customs and Border Protection.
• If your work is already registered in the United States, you can proceed with an infringement lawsuit; otherwise, you will have to register it first.
• The IP owner can seek damages and attorney fees if a copyright registration happens within three months of publication (or prior to an infringement claim).
• If a copyrighted work is registered outside of the three-month time frame, you may seek actual damages that you lost.
• Copyright registration will identify each public record of its existence. This action puts the copyright protection into public notice for the piece of work that you’ve created and/or own.

What Is a Trademark?

A trademark is a word, symbol, design, or phrase that distinguishes you from another company. Service marks are a type of trademark that a company will use when providing services to the public.Technically, trademarks are a form of intellectual property. It also forms part of the company’s brand, even if they no longer use it.

Here are some of the components that business people and brand owners often trademark:

• Logos
• Symbols
• Product packages
• Name of the business
• Name of the product or service
• Designs

The Kansas Secretary of State lists the general requirements for receiving trademark protections in the state. Before an application can be submitted, the trademark must be used on a good or service provided in Kansas. If you submit an application prior to use, the application will be automatically denied. You may want to consult the Trademark Registration Instructions provided, or seek the counsel of an experienced copyright attorney in Kansas.

How Long Does It Take to Register a Trademark and Copyright?

According to the USPTO , designers and creatives in Kansas could wait as long as 12 to 18 months to receive full trademark and copyright protection in the state. It’s important to remember that this is a process, and while it may seem drawn out, any missteps could set you back in regards to receiving your trademark protection.

Once your trademark or copyright is established in Kansas, you can enforce your rights in the event that anyone misuses or misappropriates your trademarked work. If such an event occurs, you may want to have the sound counsel of an experienced Kansas copyright attorney at your disposal.

What’s the Difference Between a Trademark and a Copyright?

The value of your Kansas business depends on the assets it owns. It’s important to note that the most valuable assets are not always physical or financial. Your intellectual property counts as assets too. Because of this, if people use those assets without your permission, you can and should file a lawsuit against them for infringement under copyright law.

While trademarks and copyrights protect intellectual property, they cover two different aspects. Copyright registration protects artistic and literary works, such as videos and books. On the other hand, a trademark registration protects brand components. This could be a jingle, a logo, or a mascot of your organization.

Take, for example, if you own a magazine publishing company. You would trademark the logo and the name of your company. However, you would also place copyright protection on all of the magazines that you have published.

Work With an Experienced Kansas Copyright Lawyer

Do you have an idea that needs protection under intellectual property law? If so, complete the registration process as soon as possible. There is always the risk that someone else might beat you to it. This eventuality can create complications when the time comes to defend IP rights claims.

Kansas copyright lawyers can help you uncover if anyone else has registered a similar idea. If your concept closely resembles another, it might get rejected. Consequently, it is better to find this early than to go through the process only to get denied later. In addition, an intellectual property lawyer will help you to draft critical documents. Or, they can help determine the value of the intellectual property that you own.

An intellectual property lawyer also assesses the quality of the assets. They will look at the number of assets licensed under your name or your business in Kansas . This evaluation can help to maximize the entire value of all intangible assets that your company has.

Are you ready to tap into our network of Kansas copyright attorneys that can guide you through every step? We can even help you connect with an attorney across Kansas state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!