Protecting Your Brand – Copyright
Intellectual property (IP) is often the “magic” that sets you apart from the competition. It’s one of your company’s most important assets and something that must be protected from the increasing number of businesses willing to steal and copy your creative works.
We know you’ve got more pressing needs to worry about, but in a world where the transfer of information is becoming faster and easier each day, it is more important than ever to protect and defend your intellectual property.
We recommend that you take a few minutes to register your works through the United States Copyright Office. Here’s a list of the types of works that can be registered (note that the definitions of these works are very broad. To see explanations and examples of each type click on the links below):
- Literary works (example) including text based works and books, brochures, guides, catalogs, white papers, instructions, all marketing materials etc.
- Sound recordings (example) including music CDs, workshops, speeches etc.
- Visual art works (example) predominantly art and design works including original graphic work, images, diagrams, textile designs, sculpture, drawings etc. (Note: A contact sheet of multiple photographs can be registered as a group for one filing fee.)
- Serials/periodicals (example) newspapers, magazines and other business publications like newsletters, e-blasts etc.
- Performing art works (example) any theatrical or dance piece (if the choreography has been notated this may also be registered)
The whole process takes less than 30 minutes.
- Affix the word copyright and/or the symbol © to your work with the year and the name of the entity owning the copyright: (example) Copyright © 2007 John and Susan Smith
- Go to the U.S. Copyright Office website
- Determine the type of work you want to register and click on the appropriate button
- Complete the proper online registration or print and fill out the required form (this will be a .pdf file). If you are filing a hard copy application, make sure you print the form on one sheet, front and back head to head. Remember to sign the application.
- Send nonreturnable copies of the work that you wish to be copyrighted, along with the completed application, and the application fee.
- That’s it. You’ll be notified when they complete the process
Note that the process takes some time (About 3 months for online applications and about 10 months for mail-in applications).
The common notion that a work is protected by copyright law the minute you create it is true — but extremely misleading. Why? Because if in the future you are trying to prove infringement, you will have no 3rd party evidence to prove that you did indeed create the work yourself. The “poor man’s copyright” – sending a work to yourself in a sealed envelope – ranks just slightly above inadequate as a means to protect your intellectual property and is considered to be an “old wives tale” by lawyers. Registration with the Copyright Office is the only way to protect your full array of rights under present US copyright laws.
As branding specialists, we at Orbit are frequently asked about copyright and trademark law. When our clients have intellectual property issues related to branding, we refer them to Replin & Rhoades LLC, specialists in Intellectual Property Law, because they are patient and clear (easy on the legalese). If you need help, please feel free to contact them.
Brand well and prosper!
Andy Cleary