Copyright Law in Virginia Beach, VA
Did you know there are three Fortune 500 companies in Coastal Virginia?
Virginia Beach is a terrific place to develop a growing business. Among other incentives, companies that meet requirements only pay $50 in gross receipts during their first two years. In this environment, a company like Franchise Group has reached the Fortune 1000.
Achieving success at these levels means understanding how your copyrights and trademarks impact the bottom line. More often than not, you will need to engage a local attorney to protect these assets. If you believe you may have a need, consider the information below carefully.
What Is Copyright Registration?
Copyright registration offers the author of a piece of work in Virginia Beach, Virginia 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 Virginia Beach, VA 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 Virginia Beach, VA business people and brand owners often trademark:
- Product packages
- Name of the business
- Name of the product or service
- $30 fee for each mark and classification
- An exhibit as displayed for the business
- A specimen that exhibits its use for commerce in Virginia
- A classification as prescribed under the administrative code
- Any further requests made by the state government
How Long Does It Take to Register a Copyright and Trademark?
According to the Copyright Office, 75% of the applications they process come from online submissions. Their staff can address these claims in 1.1 months 56% of the time. However, some circumstances can increase the estimate to 7.6 months. A few reasons that can contribute to lengthy delays for applicants from Virginia Beach are:
- Staffing levels and availability
- Submitting a complex work for consideration
- Providing answers to specialists that do not completely address their issues
- Lacking the physical deposits required to accompany the application
Trying to get through the application process with the USPTO creates similar challenges. Furthermore, their procedures need an educated guess of twelve to eighteen months. If current data remains consistent, most applicants should establish a game plan for around 13 months.
What’s the Difference Between a Trademark and a Copyright?
The value of your Virginia Beach, VA 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 Virginia Beach, Virginia 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 Virginia Beach, VA 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 Virginia Beach, VA. 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 Virginia Beach copyright attorneys that can guide you through every step? We can even help you connect with an attorney across Virginia 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!