Copyright Law in Miami, FL
Miami-Dade County offers significant incentives to business leaders. You can take advantage of tax credits, the economic development fund, and the Brownfields Program.
One critical area where entrepreneurs are on their own is their intellectual property. Applying for copyrights and trademarks can lead to falling into unexpected legal complications. Moreover, defending them from infringement can be even more frustrating.
Considering the current landscape, Miami residents may have more need for an attorney than they know. Develop your plan for how to move forward and assess your needs with the data we’ve collected below.
What Is Copyright Registration?
Copyright registration offers the author of a piece of work in Miami, Florida some protection from those who try 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. A piece of work doesn’t require copyright registration for protection under the US copyright law. However, you should register your product in Miami, FL with the help of a copyright lawyer, as this can offer you several unique advantages:
- Protects 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 becomes 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 established Miami, FL business people and brand owners often trademark:
- Logos
- Symbols
- Product packages
- Name of the business
- Name of the product or service
- Designs
Miami companies apply to the Division of Corporations to register trademark and service marks. The costs associated with this task depend on the structure of the business. For example, the registration fee for a limited liability company is $100. However, a limited partnership has to pay $965.
How Long Does It Take to Register a Trademark and Copyright?
As claimed by the USPTO, most applications they receive need twelve to eighteen months to resolve. For starters, processing times show they don’t take a first office action for eight months. Consequently, resolving the rest of the procedures can involve months of work with an examining attorney. This critical phase involves:
- Reviewing applications for their compliance with the laws and regulations
- Addressing substantial reasons for refusal that may exist
- Correcting minor mistakes or omissions
- Sending timely responses to avoid abandonment
The U.S. Copyright Office encourages its applicants to apply online to reduce their waiting time. Most eService claims they receive from Miami can take as little as one to 3.4 months. Contrastingly, paper filings average 8.3 to 11.4 months.
What’s the Difference Between a Trademark and a Copyright?
The value of your Miami, FL 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. Due to this, if people use those assets without your permission, you can file a lawsuit for infringement.
While trademarks and copyrights protect intellectual property, they cover two different aspects. Copyright registration protects artistic and literary works, such as videos and books. A trademark registration protects brand components. This can 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 the magazines that you have published.
Work With an Experienced Miami, Florida 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.
An experienced Miami, FL copyright lawyer 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 determine the value of the intellectual property that you own.
An intellectual property lawyer also assesses the quality of the assets. They will also look at the number of assets licensed under your name or your business in Miami, FL. 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 Miami copyright attorneys that can guide you through every step? We can even help you connect with an attorney across Florida 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!
