Do I Need a Copyright or Trademark?
When you are creating a name or image for your band, finishing a literary work, selling a modeling photo, or negotiating a screenplay, you need to take steps to protect your work. At ChaseLawyers℠, we understand that you would rather focus on your art than worry about the law. That's where we step in.
From helping clients develop effective trademarks for their artistic and business endeavors to registering copyrights with the United States Copyright Office or trademarks with the Trademark Office, we will take the legal steps to protect your intellectual property rights.
What Is a Trademark?
A trademark is a sign that identifies your company, a brand-name. This sign can be a word, symbol, image, name, or phrase, or a combination of those. The owner of a trademark has exclusive rights to use it in the market and can bring legal proceedings against anyone that violates those rights.
What Is a Service Mark?
A service mark is a word, symbol, name, image, phrase, etc., that identifies a service you offer (like your band's music), rather than a product. Service marks are often used in advertisements for the service.
What Is a Copyright?
U.S. copyright law protects "original works of authorship" such as literary, dramatic, musical, artistic, and other creative works. The owners of copyrights have exclusive rights to their work, including the right to reproduce and distribute copies of the work (with or without monetary reward), prepare derivative works, and perform the work publicly.
Should You Register Your Trademarks and Copyrights?
You have legal protection the first time your unique trademark or creative work enters commerce or is created in fixed form. While registration is not always necessary, we strongly advise registering your trademark, service mark, or copyright. Registration creates a public record that shows your claim to your mark or piece of work — whether it is your "brand," a piece of music you have created, a screenplay, a synopsis for a TV series or a novel you have written. It may provide extra protection in court, as well as additional damages (attorney's fees and statutory damages) if you are successful in an infringement lawsuit.
Licensing Copyrights and Trademarks
The owner of a copyright or trademark may license it to another person or company, granting exclusive or nonexclusive rights to use the trademark or copyright. We help our clients negotiate favorable licensing deals, including negotiating royalties and fees.
Our Copyright and Trademark Services for the Entertainment Industry
Intellectual property rights are especially important in the entertainment industry, where establishing and protecting your name, image, music, literary work, artwork, etc., is essential to your success. Florida music and entertainment lawyers Barry Chase and LaShawn Thomas have extensive experience helping clients create, protect, and make money from intellectual property rights in the U.S. and abroad. Our copyright and trademark services include:
- Licensing and contract negotiation
- Registration, including registration with the United States Patent and Trademark Office (USPTO) and U.S. Copyright Office, and foreign registration
- Selection and development of trademarks
- Advertising and merchandising involving trademarks and copyrights
- Assignments and recordation of intellectual property ownership and the right to make money from it
Contact Our Music and Entertainment Industry Attorneys in Florida
If you would like to speak with Mr. Chase or Ms. Thomas regarding copyrights, trademarks, or service marks, please do not hesitate to call ChaseLawyers℠ at 305-373-7665, or e-mail us and we will be in touch with you shortly.
