Copyright Law in New York

Protecting your intellectual property in New York allows you to enforce your rights if someone should infringe upon them. Your creative products and designs can represent years worth of work. Very few things could be more demoralizing than having a bad faith actor misuse your work. Especially if you have no recourse to stop them. NY Business Solutions encourages you to trademark your work, and there may be no better way to approach this than with the counsel of an experienced New York copyright attorney.

What Is Copyright Registration?

Copyright registration offers the author of a piece of work in New York 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 New York 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 New York Department of State provides an online application that allows creatives in the state to file for trademark protection for their business. It’s important to remember that an application can be filed both on paper, or electronically, and that a trademark received in the state lasts for 10 years. The application must be accompanied by a non-refundable $50 filing fee.

During the application process, you may want to take advantage of the New York State Library for its trademark resources. Through the library you can research vital pieces of your application, such as:

  • Checking to see if a mark you want to use is already established
  • Collect information on past trademark litigations
  • Determine the dates of trademarks
  • Stay up to date on current competitive goods and services in the state

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

Receiving a trademark in New York state generally takes between 4 to 6 months. Assuming everything proceeds without interruption. However, the New York Department of State reiterates that mistakes and missteps on your trademark application can unnecessarily lengthen this process. Failure to sign, pay the proper fees, or filing an application in bad faith are all detrimental to you receiving your trademark quickly.

According to The Oxford Academic, a trademark application is filed in bad faith when the mark seeking to be registered is very close to a trademark that is well-known, and has been established for years. To avoid any pitfalls, it may be in your best interest to seek the counsel of an experienced copyright attorney in New York.

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

The value of your New York 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 New York 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.

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