If you are looking to apply for a copyright or need assistance with a copyright-related issue or dispute, our Michigan copyright lawyer is here to help. From applications to cases of infringement to copyright litigation and more, our team has a wealth of experience helping clients with their copyright cases. With our knowledge of copyright regulations and laws, you can rest assured that the future of your copyright is in good hands. To discuss your specific case with our team, contact the Trademark Lawyer Law Firm today to schedule a consultation with a lawyer.
Understanding Copyright, Trademarks, And Patents
Many people struggle with the distinction between copyright, trademarks, and patents. Understanding the difference between these intellectual property protections is important as you seek the best protection for you and your IP. A copyright is used to protect intellectual, artistic, and creative works such as music, written works like novels, movies, software code, photographs, paintings, and more. The work must be original and exist in a tangible medium like paper, canvas, film, or digital in order to receive a copyright. Receiving a copyright for your work gives you the sole rights to perform, distribute, display, and reproduce your work. It also prevents the copying or exploitation of the work without your permission. Trademarks often protect words, phrases, or designs that identify your business, services, and goods in order to distinguish them from others. Receiving a trademark for your brand protects your trademark from being registered by other pirates without your permission and prevents others from using your branding or similar branding that may confuse clients or customers. Patents are meant to protect technical innovations like mechanical systems, machinery, pharmaceutical drugs, or designs that are new and unique and can be used in an industry. A patent gives the patent-holder the sole right to create, use, copy, and sell their invention without express permission and consent. Our MI copyright lawyer will discuss your situation with you and help you determine if a copyright, trademark, or patent best suits your intellectual property as you seek to protect your creation, brand, or invention.
Our Copyright-Related Services
Our Michigan copyright attorney can help assist clients with a range of copyright-related cases. Whether you are looking to apply for a copyright, renew a copyright, or fight back against infringement through litigation or other methods, our team will provide our experience and knowledge of copyright laws and regulations to ensure that all necessary steps are taken to protect your copyright. Your creations are extremely valuable. Securing a copyright is the best way to make sure that your work is used according to your wishes and in the manner that you intended as well as to protect your right to profit off of your work. Whether you are looking to apply for a copyright, renew, or fight back against infringement, taking timely action is important to protect your rights and interests. Do not hesitate to seek our assistance. Contact our team at the Trademark Lawyer Law Firm today to schedule a consultation with a lawyer and take a crucial step towards protecting your creations.
Michigan Copyright Infographic
Understanding The Key Principles Of Copyright Law
In today’s digital age, our Michigan copyright lawyer understands the importance of safeguarding intellectual property. Copyright law is essential for protecting creative works, ensuring that authors, artists, and creators retain control over their original content. Understanding the key principles of copyright law is crucial for anyone involved in creating or distributing original works. As your trusted legal professional, we aim to provide clarity on this topic and help you manage the complexities of copyright protection.
What Is Copyright Law?
Copyright law grants creators exclusive rights to their original works, including literature, music, art, and digital content. These rights allow creators to control how their works are used, distributed, and monetized. Copyright protection is automatic upon the creation of a work, provided it is fixed in a tangible medium of expression. This means that as soon as you write a novel, compose a song, or design a graphic, you hold the copyright to that work.
Rights Granted By Copyright Law
Under copyright law, creators are granted several exclusive rights. These include the right to reproduce the work, create derivative works, distribute copies, perform the work publicly, and display the work publicly. These rights are designed to give creators control over their work and the ability to benefit financially from their creations. Infringement occurs when someone uses a copyrighted work without permission, violating one or more of these exclusive rights.
Duration Of Copyright Protection
The duration of copyright protection varies depending on the type of work and when it was created. For works created by individual authors, copyright generally lasts for the life of the author plus an additional 70 years. For works created for hire, the copyright lasts for 95 years from the date of publication or 120 years from the date of creation, whichever is shorter. To ensure that your works remain protected and for knowing when works enter the public domain, it’s important to have a clear understanding of these timeframes.
Fair Use And Copyright Exceptions
While copyright law grants creators extensive rights, it also recognizes certain exceptions, the most notable being fair use. Fair use allows for the limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, scholarship, and research. Factors considered in determining fair use include the purpose and character of the use, the nature of the copyrighted work, the amount used, and the effect of the use on the market for the original work. It's important to consult with a Michigan copyright lawyer to assess whether a particular use qualifies as fair use.
Registering Your Copyright
Although copyright protection is automatic, registering your copyright with the U.S. Copyright Office provides significant benefits. Registration establishes a public record of your copyright, is necessary to file a lawsuit for infringement, and allows you to claim statutory damages and attorney's fees. The process involves submitting a completed application form, a copy of the work, and a fee. We recommend that all creators consider registering their works to enhance their legal protections.
Protecting Your Copyright
Enforcing your copyright requires vigilance and proactive measures and, with our knowledge of copyright regulation and laws, you can rest assured that you are in the most capable hands.. Monitoring the use of your works online and offline is crucial for identifying potential infringements. When an infringement is detected, copyright owners have several remedies available, including cease-and-desist letters, takedown notices, and legal action. Partnering with an experienced lawyer can help you face these steps and ensure that your rights are effectively enforced.
Securing And Enforcing Your Copyright Protections
For any creator who is looking to protect their intellectual property, it’s important to understand the key principles of copyright law. From the rights granted by copyright law to the duration of protection and the concept of fair use, having a solid grasp of these principles empowers you to control and benefit from your creative works. At Trademark Lawyer Law Firm, we focus exclusively on trademark legal services, and are committed to helping you secure and enforce your copyrights. If you need assistance with copyright registration, enforcement, or any related matters, contact us today. Let us help you protect what you've worked so hard to create.
Related Intellectual Property Services
At The Trademark Lawyer Firm, PLLC, we provide comprehensive trademark and copyright services tailored to protect your business and creative assets. Explore our related practice areas below to learn more about how we can assist with your intellectual property needs.
Trademark: Full-service representation for individuals and businesses seeking to protect their brand.
Trademark Registration: Guidance through the USPTO application process to secure and protect your trademarks.
Trademark Infringement: Protect your brand against misuse and unauthorized use with experienced legal advocacy.
Trademark Litigation: Courtroom experience and strategic representation in complex trademark disputes.
Trademark Branding: Legal strategies to strengthen, build, and safeguard your business identity and reputation.
Michigan Copyright: Assistance with registration, enforcement, and defense of copyright rights.
Don’t see the service you need? Contact our team — we can review your situation and explain your legal options.
Client Review
"I have dealt with Trademark Lawyer Law Firm, PLLC, for several years. This time I needed to have my trademark renewed within a week as a deadline was approaching. As always, they prepared the paperwork professionally and in an expedited manner. Our communication to confirm details was smooth and quick. In a matter of days, they submitted the trademark renewal request. The service of this group of professionals is excellent." O. Garcia
Trademark Lawyer Law Firm
3300 Washtenaw Ave. 2nd Floor #277
Ann Arbor, MI 48104 (888) 505-5102
Suspensions are when your application is on hold. There are various reasons a trademark application can be suspended. However “likelihood of confusion” with prior application(s) filed and submission of foreign application are the most common reasons the USPTO may suspend an application. During a trademark suspension period, your lawyer will provide guidance on the next steps and whether it might be best to file an argument or pursue a coexistence agreement.
What are Disclaimers for Trademarks?
A disclaimer usually refers to a statement which indicates that you are not claiming exclusive rights to use the word(s) or a design element in your trademark application. A disclaimer allows for registration without creating a false impression of the registrant’s rights. A good example of this is disclaiming “café” if your services are for a café.
What is the Supplemental Registry?
If a trademark is not eligible for the Principal Registry, there is sometimes an option to register on the Supplemental Registry. In cases where the USPTO finds the trademark application is merely ornamental, merely descriptive, or primarily geographically descriptive, the USPTO may allow the application to be registered on the Supplemental Registry. However, over time, the mark may acquire distinctiveness and possibly become eligible for the Principal Registry.
What is the Date of First Use?
Two dates must be specified in a trademark application: Date of First Use Anywhere: The “anywhere” refers to use in the U.S. or elsewhere. This is the date the goods were first sold or transported, or the services were first rendered under the mark. The use must also have been bona fide and in the ordinary course of trade. Date of First Use in Commerce: This is the date when the goods were first sold or transported, or the services were first rendered under the mark in interstate or international commerce. The use of the mark must have been bona fide and in the ordinary course of trade.
What is the Renewal Timeframe for a Trademark?
The renewal timeframe for a trademark is between the 9th and 10th year anniversary of the trademark registration, and then in ten-year intervals. It is important to be aware that the USPTO also requires a registrant to provide an affidavit at the 5th and 6th years of ownership stating that the trademark is still being used in commerce. Failure to comply with the renewal timeframes or the affidavit requirements will result in the cancellation of the trademark registration.
Meet Your Team
J.J. Lee
Principal and Founder
Erin C. Bray
Trademark Attorney
Experienced Trademark Attorneys Committed to Protecting Your Brand
Founded by J.J. Lee, the Trademark Lawyer Law Firm, PLLC has successfully registered more than 6,500 trademarks with the USPTO. Dedicated to ensuring that your mark is protected from misuse or theft, our attorneys and staff work closely with clients, taking the time to understand the specific needs of their businesses. Professionally handling each matter with integrity, efficiency, and the personalized attention it deserves, you can rest assured that you have a team on your side who is committed to safeguarding your unique brand.
