What is a Copyright?
A copyright is a form of legal protection provided by the laws of the United States to the authors of “original works of authorship” fixed in a tangible form of expression. The protection is available to both published and unpublished works. Copyrightable works include, but are not limited to, web pages, computer code, software, databases, literary works, music, lyrics, dramatic works, writings, pictures, books, blogs, poetry, graphic and sculptural works, motion pictures, audiovisual works, songs, instrumentals, and architecture.
What does a Copyright not protect?
A copyright would not protect facts, ideas, titles, names, short phrases, slogans, procedures, methods, concepts, principles and information in the public domain.
Why should I register a Copyright?
The benefits of copyright registration include, but are not limited to the following:
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Provides constructive notice of your ownership of your copyright;
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You can restrict people from using your copyrighted material;
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Makes it easier to prove copyright infringement; and
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You may be able to recover statutory damages for copyright infringement.
Is my registered Copyright valid in other countries?
Yes, if the United States has a copyright treaty with the foreign country. Currently, a U.S. copyright is honored in 190 countries around the world.
What is the difference between a Copyright and a Trademark?
A copyright is a form of protection provided for original works of authorship. A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product.
What is a “Work Made for Hire”?
A “Work Made for Hire” can be work created by an employee within the scope of employment or works created by an independent author under a written contract. MC&T sells “Work for Hire” business forms for its registered members.
What will be my effective registration date?
On the date the Copyright Office receives the application, regardless of how long it then takes to process the application and mail the certificate of registration.
How long does copyright protection last?
For works originally created on or after January 1, 1978, the duration of copyright protection is for a term for the author’s life plus 70 years after the author’s death. For works made for hire, the duration of copyright protection is 95 years from publication or 120 years from creation; whichever expires first. For works first published prior to 1978, the term will vary depending on a variety of factors.
Does my work need to be “published” in order to register a Copyright?
No.
Can I copyright the web pages of my website?
Yes. However, the registration of the web pages protects the current content and graphics on the website at the time of the registration. Therefore, if your website changes you may have to register the new pages. MC&T can register your web pages for you, but if you have a very large website (over 500mb) please e-mail us at support@mycopyrightsandtrademarks.com and we can make arrangements to have the web pages uploaded and/or sent to us.
What is MC&T’s copyright search?
MC&T’s professional staff will conduct an online copyright search for all possible websites that may be infringing on your material. At this time, MCT&T conducts copyright searches for literary works and songs.
Does MC&T provide copyright searches for non-literary works?
No. At this time, MCT&T conducts copyright searches for literary works and songs.
What is an assignment?
The unconditional transfer of all ownership rights, title and interest in intellectual property, including but not limited to copyrights, trademarks and service marks. MC&T sells business forms related to Copyright and Trademark Assignments for its members with at least a one year membership.
What is a license?
A license may be exclusive or non-exclusive and is a method by which a copyright and/or trademark owner permits a person/entity to use their copyright or trademark. MC&T sells business forms related to Copyright and Trademark Licenses for its members with at least a one year membership.
What does trademark/service registration protect?
Federal trademark registration provides the protection of the U.S. government for any word, name, symbol, design or device or any combination used to identify and distinguish the goods or services of the trademark owner over those of others.
How long does a federal trademark registration last?
Ten years, but the trademark/service mark can be renewed.
Why do you need to register your trademark?
Failure to register your trademark/service mark may result in the inability to sue for infringement, your mark may become diluted and/or you may be sued if someone else registers a similar mark.
What is the purpose of a trademark search?
To identify similar or substantially similar marks that may already be registered. If a trademark/service mark has already been registered, you will not be able to use it for the same goods or services.
What is MC&T’s trademark search?
My Copyrights & Trademarks will help you monitor the use of your trademark/service mark by conducting a comprehensive search for possible instances of trademark infringement and direct/indirect conflicts with your mark.
How do you use trademark symbols?
Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" only after the USPTO actually registers a mark, and not while an application is pending.
Can my Trademark Application be refused?
Yes, the United States Patent and Trademark Office could refuse the application if the mark does not function as a trademark. Not all words, names, symbols or devices function as trademarks. For example, a mark which is merely the generic name of the goods on which it is used cannot be registered. For example, you cannot register the generic word "Paper" for the sale of paper. |
