Copyright Law in Sarasota, FL
It’s not uncommon for an entrepreneur in Sarasota to have their intellectual property infringed upon. This could be unintentional, or deliberate, but such infringement could bring monetary damage if someone is illegally using your property. In order to protect yourself, and your work, you may want to seek the expertise of an experienced copyright attorney in Sarasota.
What Is Copyright Registration?
Copyright registration offers the author of a piece of work in Sarasota, 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 Sarasota, 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 Sarasota, FL business people and brand owners often trademark:
- Product packages
- Name of the business
- Name of the product or service
The Florida Division of Corporations offers Sarasota residents the ability to file their trademark applications in person though a paper application, or to file online. Paper applications should be filled out in blue or black ink, and mailed to the Florida Department of State. You can also fill out the forms in a PDF format, but they will still have to be mailed in. You also will have to pay the mandatory filing fee for each trademark you are attempting to register.
It is important to remember to be thorough when filing your application, and include the necessary materials. Many applications have been rejected due to simple and foreseeable errors. You’ll need to include a detailed description of the mark, along with any wording that may accompany it. In addition, you’ll need to include several examples of the mark in use with your business.
How Long Does It Take to Register a Trademark and Copyright?
According to the USPTO, receiving approval for your federal trademark application can be a lengthy process. The wait time for approval falls anywhere from 12 to 18 months. Still, Sarasota creatives and entrepreneurs have every right to protect their intellectual property, and enforce their rights in regards to what they create. The best way to protect yourself may be to apply for a trademark. And the best way to avoid any slip ups in the application process may be to seek the counsel of an experienced copyright attorney in Sarasota.
What’s the Difference Between a Trademark and a Copyright?
The value of your Sarasota, 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 Sarasota, 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 Sarasota, 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 Sarasota, 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 Sarasota 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!