Copyright Law in Nebraska

Do you feel that you may have a brand that belongs with the most well-known in Nebraska?

Berkshire Hathaway, Union Pacific, and ConAgra Foods are some of the most recognizable companies in the state. Reaching their level of success involves plenty of hard work, but it can also require a healthy IP portfolio. Discover how you can get started and protect your ideas by reading this article and evaluating your options.

What Is Copyright Registration?

Copyright registration offers the author of a piece of work in Nebraska 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 Nebraska 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

Nebraska law contains the requirements for a business to obtain a trademark or service mark. The information that must exist in clear terms to the state includes:

  • Name and address of the applicant
  • An explanation of the connection to the company’s goods and services
  • A date for the first use of the trademark
  • A statement of verification that there is no resemblance to other registered entities

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

The USPTO breaks down the processing times for registering a trademark. Depending on the stage and complexity, the wait for each procedure can be days or months long. But, the overall estimate is that your registration won’t happen for 12 to 18 months. This approximation assumes no significant errors or other issues with your application.

The wait is significantly less for a Nebraska resident to acquire a copyright. As of 2022, the registration processing time is a little over three months. Nevertheless, the volume of applicants increases each year. If you want to make the most of a longer and longer wait, consider discussing your options with an attorney.

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

The value of your Nebraska 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 Nebraska 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.

Nebraska 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 Nebraska. 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 Nebraska copyright attorneys that can guide you through every step? We can even help you connect with an attorney across Nebraska 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!

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