IP LEGAL FREEBIES BLOG The USPTO trademark database is the source of prized celebrity news the names of Beyoncé & Jay-Z’s newborn twins (drum roll) RUMI CARTER & SIR CARTER. The names RUMI CARTER & SIR CARTER were no longer secret after USPTO trademark applications were filed for both names in over a dozen classes of goods and services. COPYRIGHT LAW: USING QUOTES FROM SOMEONE ELSE IN YOUR BOOK Dr. Martin Luther King Junior’s speech ‘I Have a Dream’ is one of the most recognizable speeches in US history and it is covered by copyright protection. Dr. King registered the speech for copyright protection in 1963. This leads to the question, when can quotes from his famous speech or other copyright protected works be COPYING ANOTHER ARTIST’S WORK INTO A NEW MEDIUM CAN Copying another artist’s work into a New Medium can violate copyright. The idea behind a piece of artwork is not protected by copyright. However, a near replica of an artist’s work in different medium can be a copyright violation if the new work closely copies a copyright protected work. What this means is that being inspired by an

idea of

*PHOTO: INFRINGERS « IP LEGAL FREEBIES BLOG An online following of over 617,000 folks can be a powerful negotiation tool. I read recently that a NY street-photographer leveraged his online following by “unleashing a viral whiplash” on DKNY for using some of his photographs in a Bangkok window display

without permission.

UNDERSTAND HOW YOU’RE GETTING PAID Publishing contracts include terms for how musicians and writers get paid for their work and understanding these terms helps you figure out how much you are getting paid and when you will see the money. Most publishing contracts include an ADVANCE and ROYALTIES that are based on either NET or GROSS revenue. These three little HOW TO USE THE TRADEMARK & COPYRIGHT SYMBOLS: ®, TM, SM The TM and SM symbols can be used with an unregistered trademark or service mark to inform the public that a word mark, logo, or design mark is being used as a trademark and that the owner of the mark claims rights to it. Using either of these symbols gives notice that the mark owner is intentionally establishing ‘common law trademark

rights

HOW TO WRITE A © COPYRIGHT NOTICE AND WHY TO USE IT? « IP I really appreciate this post. I’ve been looking all over for this! Thank goodness I found it on Bing. You’ve made my day! Thanks again!

deeaddfkcbeg

HOW AND WHY TO USE THE TM & SM SYMBOLS ON UNREGISTERED The symbols “TM” and “SM” can be used with an unregistered trademark or service mark to inform the public that a word, design, or slogan is being used as a mark and that the owner of the mark claims rights to it. Using either of these symbols gives notice that you are intentionally establishing ‘common law trademark rights’ in your mark, before or instead of filing your federal COPYRIGHT PROTECTION ONLY COSTS $35 « IP LEGAL FREEBIES BLOG Enter your email address to subscribe to this blog and receive notifications of new posts by email. US COPYRIGHT FEES INCREASE TOMORROW (5/1/14) « IP LEGAL Great post, I think other website owners should learn a lot from this web site its really user-friendly as well as contains great articles. IP LEGAL FREEBIES BLOG The USPTO trademark database is the source of prized celebrity news the names of Beyoncé & Jay-Z’s newborn twins (drum roll) RUMI CARTER & SIR CARTER. The names RUMI CARTER & SIR CARTER were no longer secret after USPTO trademark applications were filed for both names in over a dozen classes of goods and services. COPYRIGHT LAW: USING QUOTES FROM SOMEONE ELSE IN YOUR BOOK Dr. Martin Luther King Junior’s speech ‘I Have a Dream’ is one of the most recognizable speeches in US history and it is covered by copyright protection. Dr. King registered the speech for copyright protection in 1963. This leads to the question, when can quotes from his famous speech or other copyright protected works be COPYING ANOTHER ARTIST’S WORK INTO A NEW MEDIUM CAN Copying another artist’s work into a New Medium can violate copyright. The idea behind a piece of artwork is not protected by copyright. However, a near replica of an artist’s work in different medium can be a copyright violation if the new work closely copies a copyright protected work. What this means is that being inspired by an

idea of

*PHOTO: INFRINGERS « IP LEGAL FREEBIES BLOG An online following of over 617,000 folks can be a powerful negotiation tool. I read recently that a NY street-photographer leveraged his online following by “unleashing a viral whiplash” on DKNY for using some of his photographs in a Bangkok window display

without permission.

UNDERSTAND HOW YOU’RE GETTING PAID Publishing contracts include terms for how musicians and writers get paid for their work and understanding these terms helps you figure out how much you are getting paid and when you will see the money. Most publishing contracts include an ADVANCE and ROYALTIES that are based on either NET or GROSS revenue. These three little HOW TO USE THE TRADEMARK & COPYRIGHT SYMBOLS: ®, TM, SM The TM and SM symbols can be used with an unregistered trademark or service mark to inform the public that a word mark, logo, or design mark is being used as a trademark and that the owner of the mark claims rights to it. Using either of these symbols gives notice that the mark owner is intentionally establishing ‘common law trademark

rights

HOW TO WRITE A © COPYRIGHT NOTICE AND WHY TO USE IT? « IP I really appreciate this post. I’ve been looking all over for this! Thank goodness I found it on Bing. You’ve made my day! Thanks again!

deeaddfkcbeg

HOW AND WHY TO USE THE TM & SM SYMBOLS ON UNREGISTERED The symbols “TM” and “SM” can be used with an unregistered trademark or service mark to inform the public that a word, design, or slogan is being used as a mark and that the owner of the mark claims rights to it. Using either of these symbols gives notice that you are intentionally establishing ‘common law trademark rights’ in your mark, before or instead of filing your federal COPYRIGHT PROTECTION ONLY COSTS $35 « IP LEGAL FREEBIES BLOG Enter your email address to subscribe to this blog and receive notifications of new posts by email. US COPYRIGHT FEES INCREASE TOMORROW (5/1/14) « IP LEGAL Great post, I think other website owners should learn a lot from this web site its really user-friendly as well as contains great articles. ABOUT THE AUTHOR: VANESSA KASTER « IP LEGAL FREEBIES BLOG Vanessa Kaster started this blog to share ‘IP Legal Freebies’ with you. Entrepreneurs, artists, brands, authors, comedians & creators (ie all of us) have to keep up, adapt, and navigate the rapid growth and changing dimensions of our online/digital age. Hopefully these ‘IP Legal Freebies' give you some useful insights into the value of your *COPYRIGHT: PHOTOS « IP LEGAL FREEBIES BLOG Seeing the printouts of photos uploaded to Flicker over a 24-hour period is a sobering visual of the amount of content uploaded and shared in one day (on *COPYRIGHT: WEBSITE « IP LEGAL FREEBIES BLOG Yes – copyright is a form of intellectual property that protects original works of authorship including content on a website. For example, original text, videos, graphics, animation, photographs, music, sound recordings, illustrations, translations and other original content featured on a website can be copyrighted. ADDING A COPYRIGHT NOTICE TO YOUR WEBSITE IS A GOOD Adding a copyright notice to your website is a good business practice. It is a good business practice to add a copyright notice to your website to protect original content which you have posted on your website. When you post original material to your website (such as text, photos, graphics, logos, etc) you automatically own copyright in

this

USE GOOGLE ALERTS TO MONITOR USE OF YOUR TRADEMARKS Using a “Google Alert” is an easy way to monitor how your trademark, copyright, business name or storybook (ie your intellectual property) is being used or written about on the interne SELMA: BRAVO FOR THE MOVIE & CREATIVE SCRIPT (MIXING Two enthusiastic thumbs up for the movie SELMA and the creative script that uses accent, aura, scripture, lyrics of gospel songs and original text instead of historic speeches. Before seeing the movie, SELMA, I read that the speeches given by Dr. King in the film were written by

Ms.

QUOTE BRAHMS: ANY ASS CAN SEE THE SIMILARITIES WITH The program notes for a recent concert of Brahms Symphonies No. 1 & 3 contained an admission by Brahms that the "big string section" in the finale of his first symphony was similar to Beethoven's "Ode to Joy." Evidently, when Brahms was confronted about the resemblance, he replied, "Any ass can see that." I'm not ARE SHERLOCK HOLMES CHARACTERS AND STORY ELEMENTS A lawsuit over the FREE USE of the Sherlock Holmes characters and story elements prompted the US District Court in the Northern District of Illinois to do some detective work into the famous, fictional detective to determine whether Holmes, other characters and story elements of Sir Arthur Conan Doyle's books and stories had entered

into

US COPYRIGHT FEES INCREASE TOMORROW (5/1/14) « IP LEGAL Great post, I think other website owners should learn a lot from this web site its really user-friendly as well as contains great articles. LADY GAGA DEFENDS HER NAME AS A TRADEMARK « IP LEGAL Lady Gaga successfully trumped the trademark application of a company who attempted to register her name as a trademark without permission. Kind of sneaky to attempt to register LADY GAGA as a trademark to sell makeup and jewelry. (Celebrities often get big bucks to endorse products). Can a name be used as a trademark? Yes! IP LEGAL FREEBIES BLOG The USPTO trademark database is the source of prized celebrity news the names of Beyoncé & Jay-Z’s newborn twins (drum roll) RUMI CARTER & SIR CARTER. The names RUMI CARTER & SIR CARTER were no longer secret after USPTO trademark applications were filed for both names in over a dozen classes of goods and services. COPYRIGHT LAW: USING QUOTES FROM SOMEONE ELSE IN YOUR BOOK Dr. Martin Luther King Junior’s speech ‘I Have a Dream’ is one of the most recognizable speeches in US history and it is covered by copyright protection. Dr. King registered the speech for copyright protection in 1963. This leads to the question, when can quotes from his famous speech or other copyright protected works be COPYING ANOTHER ARTIST’S WORK INTO A NEW MEDIUM CAN Copying another artist’s work into a New Medium can violate copyright. The idea behind a piece of artwork is not protected by copyright. However, a near replica of an artist’s work in different medium can be a copyright violation if the new work closely copies a copyright protected work. What this means is that being inspired by an

idea of

*PHOTO: INFRINGERS « IP LEGAL FREEBIES BLOG An online following of over 617,000 folks can be a powerful negotiation tool. I read recently that a NY street-photographer leveraged his online following by “unleashing a viral whiplash” on DKNY for using some of his photographs in a Bangkok window display

without permission.

*ROYALTIES: NET VS GROSS « IP LEGAL FREEBIES BLOG A royalty % that is based on the GROSS revenue means that the writer or musician’s cut is calculated from the money made from the sale of the work BEFORE any deductions are made for the publisher’s business overhead costs. On the other hand, a royalty % based on NET revenue means that the publisher makes deductions for its business overhead UNDERSTAND HOW YOU’RE GETTING PAID Publishing contracts include terms for how musicians and writers get paid for their work and understanding these terms helps you figure out how much you are getting paid and when you will see the money. Most publishing contracts include an ADVANCE and ROYALTIES that are based on either NET or GROSS revenue. These three little HOW TO USE THE TRADEMARK & COPYRIGHT SYMBOLS: ®, TM, SM The TM and SM symbols can be used with an unregistered trademark or service mark to inform the public that a word mark, logo, or design mark is being used as a trademark and that the owner of the mark claims rights to it. Using either of these symbols gives notice that the mark owner is intentionally establishing ‘common law trademark

rights

HOW TO WRITE A © COPYRIGHT NOTICE AND WHY TO USE IT? « IP I really appreciate this post. I’ve been looking all over for this! Thank goodness I found it on Bing. You’ve made my day! Thanks again!

deeaddfkcbeg

HOW AND WHY TO USE THE TM & SM SYMBOLS ON UNREGISTERED The symbols “TM” and “SM” can be used with an unregistered trademark or service mark to inform the public that a word, design, or slogan is being used as a mark and that the owner of the mark claims rights to it. Using either of these symbols gives notice that you are intentionally establishing ‘common law trademark rights’ in your mark, before or instead of filing your federal COPYRIGHT PROTECTION ONLY COSTS $35 « IP LEGAL FREEBIES BLOG Enter your email address to subscribe to this blog and receive notifications of new posts by email. IP LEGAL FREEBIES BLOG The USPTO trademark database is the source of prized celebrity news the names of Beyoncé & Jay-Z’s newborn twins (drum roll) RUMI CARTER & SIR CARTER. The names RUMI CARTER & SIR CARTER were no longer secret after USPTO trademark applications were filed for both names in over a dozen classes of goods and services. COPYRIGHT LAW: USING QUOTES FROM SOMEONE ELSE IN YOUR BOOK Dr. Martin Luther King Junior’s speech ‘I Have a Dream’ is one of the most recognizable speeches in US history and it is covered by copyright protection. Dr. King registered the speech for copyright protection in 1963. This leads to the question, when can quotes from his famous speech or other copyright protected works be COPYING ANOTHER ARTIST’S WORK INTO A NEW MEDIUM CAN Copying another artist’s work into a New Medium can violate copyright. The idea behind a piece of artwork is not protected by copyright. However, a near replica of an artist’s work in different medium can be a copyright violation if the new work closely copies a copyright protected work. What this means is that being inspired by an

idea of

*PHOTO: INFRINGERS « IP LEGAL FREEBIES BLOG An online following of over 617,000 folks can be a powerful negotiation tool. I read recently that a NY street-photographer leveraged his online following by “unleashing a viral whiplash” on DKNY for using some of his photographs in a Bangkok window display

without permission.

*ROYALTIES: NET VS GROSS « IP LEGAL FREEBIES BLOG A royalty % that is based on the GROSS revenue means that the writer or musician’s cut is calculated from the money made from the sale of the work BEFORE any deductions are made for the publisher’s business overhead costs. On the other hand, a royalty % based on NET revenue means that the publisher makes deductions for its business overhead UNDERSTAND HOW YOU’RE GETTING PAID Publishing contracts include terms for how musicians and writers get paid for their work and understanding these terms helps you figure out how much you are getting paid and when you will see the money. Most publishing contracts include an ADVANCE and ROYALTIES that are based on either NET or GROSS revenue. These three little HOW TO USE THE TRADEMARK & COPYRIGHT SYMBOLS: ®, TM, SM The TM and SM symbols can be used with an unregistered trademark or service mark to inform the public that a word mark, logo, or design mark is being used as a trademark and that the owner of the mark claims rights to it. Using either of these symbols gives notice that the mark owner is intentionally establishing ‘common law trademark

rights

HOW TO WRITE A © COPYRIGHT NOTICE AND WHY TO USE IT? « IP I really appreciate this post. I’ve been looking all over for this! Thank goodness I found it on Bing. You’ve made my day! Thanks again!

deeaddfkcbeg

HOW AND WHY TO USE THE TM & SM SYMBOLS ON UNREGISTERED The symbols “TM” and “SM” can be used with an unregistered trademark or service mark to inform the public that a word, design, or slogan is being used as a mark and that the owner of the mark claims rights to it. Using either of these symbols gives notice that you are intentionally establishing ‘common law trademark rights’ in your mark, before or instead of filing your federal COPYRIGHT PROTECTION ONLY COSTS $35 « IP LEGAL FREEBIES BLOG Enter your email address to subscribe to this blog and receive notifications of new posts by email. ABOUT THE AUTHOR: VANESSA KASTER « IP LEGAL FREEBIES BLOG Vanessa Kaster started this blog to share ‘IP Legal Freebies’ with you. Entrepreneurs, artists, brands, authors, comedians & creators (ie all of us) have to keep up, adapt, and navigate the rapid growth and changing dimensions of our online/digital age. Hopefully these ‘IP Legal Freebies' give you some useful insights into the value of your *COPYRIGHT: PHOTOS « IP LEGAL FREEBIES BLOG Seeing the printouts of photos uploaded to Flicker over a 24-hour period is a sobering visual of the amount of content uploaded and shared in one day (on *COPYRIGHT: WEBSITE « IP LEGAL FREEBIES BLOG Yes – copyright is a form of intellectual property that protects original works of authorship including content on a website. For example, original text, videos, graphics, animation, photographs, music, sound recordings, illustrations, translations and other original content featured on a website can be copyrighted. ADDING A COPYRIGHT NOTICE TO YOUR WEBSITE IS A GOOD Adding a copyright notice to your website is a good business practice. It is a good business practice to add a copyright notice to your website to protect original content which you have posted on your website. When you post original material to your website (such as text, photos, graphics, logos, etc) you automatically own copyright in

this

USE GOOGLE ALERTS TO MONITOR USE OF YOUR TRADEMARKS Using a “Google Alert” is an easy way to monitor how your trademark, copyright, business name or storybook (ie your intellectual property) is being used or written about on the interne SELMA: BRAVO FOR THE MOVIE & CREATIVE SCRIPT (MIXING Two enthusiastic thumbs up for the movie SELMA and the creative script that uses accent, aura, scripture, lyrics of gospel songs and original text instead of historic speeches. Before seeing the movie, SELMA, I read that the speeches given by Dr. King in the film were written by

Ms.

QUOTE BRAHMS: ANY ASS CAN SEE THE SIMILARITIES WITH The program notes for a recent concert of Brahms Symphonies No. 1 & 3 contained an admission by Brahms that the "big string section" in the finale of his first symphony was similar to Beethoven's "Ode to Joy." Evidently, when Brahms was confronted about the resemblance, he replied, "Any ass can see that." I'm not ARE SHERLOCK HOLMES CHARACTERS AND STORY ELEMENTS A lawsuit over the FREE USE of the Sherlock Holmes characters and story elements prompted the US District Court in the Northern District of Illinois to do some detective work into the famous, fictional detective to determine whether Holmes, other characters and story elements of Sir Arthur Conan Doyle's books and stories had entered

into

US COPYRIGHT FEES INCREASE TOMORROW (5/1/14) « IP LEGAL Great post, I think other website owners should learn a lot from this web site its really user-friendly as well as contains great articles. LADY GAGA DEFENDS HER NAME AS A TRADEMARK « IP LEGAL Lady Gaga successfully trumped the trademark application of a company who attempted to register her name as a trademark without permission. Kind of sneaky to attempt to register LADY GAGA as a trademark to sell makeup and jewelry. (Celebrities often get big bucks to endorse products). Can a name be used as a trademark? Yes! IP LEGAL FREEBIES BLOG The USPTO trademark database is the source of prized celebrity news the names of Beyoncé & Jay-Z’s newborn twins (drum roll) RUMI CARTER & SIR CARTER. The names RUMI CARTER & SIR CARTER were no longer secret after USPTO trademark applications were filed for both names in over a dozen classes of goods and services. COPYRIGHT LAW: USING QUOTES FROM SOMEONE ELSE IN YOUR BOOK Dr. Martin Luther King Junior’s speech ‘I Have a Dream’ is one of the most recognizable speeches in US history and it is covered by copyright protection. Dr. King registered the speech for copyright protection in 1963. This leads to the question, when can quotes from his famous speech or other copyright protected works be HOW TO WRITE A © COPYRIGHT NOTICE AND WHY TO USE IT? « IP I really appreciate this post. I’ve been looking all over for this! Thank goodness I found it on Bing. You’ve made my day! Thanks again!

deeaddfkcbeg

*ROYALTIES: NET VS GROSS « IP LEGAL FREEBIES BLOG A royalty % that is based on the GROSS revenue means that the writer or musician’s cut is calculated from the money made from the sale of the work BEFORE any deductions are made for the publisher’s business overhead costs. On the other hand, a royalty % based on NET revenue means that the publisher makes deductions for its business overhead COPYING ANOTHER ARTIST’S WORK INTO A NEW MEDIUM CAN Copying another artist’s work into a New Medium can violate copyright. The idea behind a piece of artwork is not protected by copyright. However, a near replica of an artist’s work in different medium can be a copyright violation if the new work closely copies a copyright protected work. What this means is that being inspired by an

idea of

UNDERSTAND HOW YOU’RE GETTING PAID Publishing contracts include terms for how musicians and writers get paid for their work and understanding these terms helps you figure out how much you are getting paid and when you will see the money. Most publishing contracts include an ADVANCE and ROYALTIES that are based on either NET or GROSS revenue. These three little HOW TO USE THE TRADEMARK & COPYRIGHT SYMBOLS: ®, TM, SM The TM and SM symbols can be used with an unregistered trademark or service mark to inform the public that a word mark, logo, or design mark is being used as a trademark and that the owner of the mark claims rights to it. Using either of these symbols gives notice that the mark owner is intentionally establishing ‘common law trademark

rights

HOW AND WHY TO USE THE TM & SM SYMBOLS ON UNREGISTERED The symbols “TM” and “SM” can be used with an unregistered trademark or service mark to inform the public that a word, design, or slogan is being used as a mark and that the owner of the mark claims rights to it. Using either of these symbols gives notice that you are intentionally establishing ‘common law trademark rights’ in your mark, before or instead of filing your federal COPYRIGHT PROTECTION ONLY COSTS $35 « IP LEGAL FREEBIES BLOG Enter your email address to subscribe to this blog and receive notifications of new posts by email. US COPYRIGHT FEES INCREASE TOMORROW (5/1/14) « IP LEGAL Great post, I think other website owners should learn a lot from this web site its really user-friendly as well as contains great articles. IP LEGAL FREEBIES BLOG The USPTO trademark database is the source of prized celebrity news the names of Beyoncé & Jay-Z’s newborn twins (drum roll) RUMI CARTER & SIR CARTER. The names RUMI CARTER & SIR CARTER were no longer secret after USPTO trademark applications were filed for both names in over a dozen classes of goods and services. COPYRIGHT LAW: USING QUOTES FROM SOMEONE ELSE IN YOUR BOOK Dr. Martin Luther King Junior’s speech ‘I Have a Dream’ is one of the most recognizable speeches in US history and it is covered by copyright protection. Dr. King registered the speech for copyright protection in 1963. This leads to the question, when can quotes from his famous speech or other copyright protected works be HOW TO WRITE A © COPYRIGHT NOTICE AND WHY TO USE IT? « IP I really appreciate this post. I’ve been looking all over for this! Thank goodness I found it on Bing. You’ve made my day! Thanks again!

deeaddfkcbeg

*ROYALTIES: NET VS GROSS « IP LEGAL FREEBIES BLOG A royalty % that is based on the GROSS revenue means that the writer or musician’s cut is calculated from the money made from the sale of the work BEFORE any deductions are made for the publisher’s business overhead costs. On the other hand, a royalty % based on NET revenue means that the publisher makes deductions for its business overhead COPYING ANOTHER ARTIST’S WORK INTO A NEW MEDIUM CAN Copying another artist’s work into a New Medium can violate copyright. The idea behind a piece of artwork is not protected by copyright. However, a near replica of an artist’s work in different medium can be a copyright violation if the new work closely copies a copyright protected work. What this means is that being inspired by an

idea of

ABOUT THE AUTHOR: VANESSA KASTER « IP LEGAL FREEBIES BLOG Vanessa Kaster started this blog to share ‘IP Legal Freebies’ with you. Entrepreneurs, artists, brands, authors, comedians & creators (ie all of us) have to keep up, adapt, and navigate the rapid growth and changing dimensions of our online/digital age. Hopefully these ‘IP Legal Freebies' give you some useful insights into the value of your *WEBSITE: SOCIAL MEDIA « IP LEGAL FREEBIES BLOG Discussing the broad usage rights given away by posting original content to social media is discussed frequently on this blog and elsewhere. Reading that the controversial artist Richard Prince recently sold enlarged screenshots of other people’s Instagram photos without warning or permission for $90,000 a piece at the Frieze Art Fair in New York is a case in point. *LICENSING: COVER SONG « IP LEGAL FREEBIES BLOG RightsFlow offers an easy online service for licensing cover songs for use on physical CD’s, ringtones, digital downloads and interactive streaming. So back to the Bruce Springsteen example, the price for licensing a Bruce Springsteen song for use on 500 CD’s and 500 digital downloads is less than $150.00. If you are selling your CD’s

for

*TRADEMARK: USE « IP LEGAL FREEBIES BLOG Trademark use isn’t always as obvious as you might think. For example, the design on a sweatshirt or t-shirt (which might be why you notice and purchase the shirt) is not trademark use (it is decorative or ornamental use). For trademark use look to the label inside the sweatshirt or t-shirt or the hang tag. *COPYRIGHT: WEBSITE « IP LEGAL FREEBIES BLOG Yes – copyright is a form of intellectual property that protects original works of authorship including content on a website. For example, original text, videos, graphics, animation, photographs, music, sound recordings, illustrations, translations and other original content featured on a website can be copyrighted. *PHOTO: INFRINGERS « IP LEGAL FREEBIES BLOG An online following of over 617,000 folks can be a powerful negotiation tool. I read recently that a NY street-photographer leveraged his online following by “unleashing a viral whiplash” on DKNY for using some of his photographs in a Bangkok window display

without permission.

ARE SHERLOCK HOLMES CHARACTERS AND STORY ELEMENTS A lawsuit over the FREE USE of the Sherlock Holmes characters and story elements prompted the US District Court in the Northern District of Illinois to do some detective work into the famous, fictional detective to determine whether Holmes, other characters and story elements of Sir Arthur Conan Doyle's books and stories had entered

into

COPYRIGHT PROTECTION ONLY COSTS $35 « IP LEGAL FREEBIES BLOG Enter your email address to subscribe to this blog and receive notifications of new posts by email. “DUMB STARBUCKS” Not surprisingly, a spokeswoman for Starbucks Coffee said that despite the humor, the store cannot use the Starbucks name. A few other interesting elements raised by this DUMB STARBUCKS parody claim: Dumb Starbucks made a claim that their parody was similar to Weird Al Yankovic’s music. However, they left out a critical detail –

permission.

STAMP OF TRADEMARK APPROVAL FOR DRIPPING WAX SEAL ON MAKER Cuervo’s use of a red dripping wax seal prompted a lawsuit to determine the enforceability and validity of the trademarked seal. In the case, Cuervo challenged the registration of the red dripping wax seal on the basis of “functionality.”. Interestingly, under US Trademark law, a registered mark may be found invalid if it is

“functional

IP LEGAL FREEBIES BLOG The USPTO trademark database is the source of prized celebrity news the names of Beyoncé & Jay-Z’s newborn twins (drum roll) RUMI CARTER & SIR CARTER. The names RUMI CARTER & SIR CARTER were no longer secret after USPTO trademark applications were filed for both names in over a dozen classes of goods and services. ABOUT THE AUTHOR: VANESSA KASTER « IP LEGAL FREEBIES BLOG Vanessa Kaster started this blog to share ‘IP Legal Freebies’ with you. Entrepreneurs, artists, brands, authors, comedians & creators (ie all of us) have to keep up, adapt, and navigate the rapid growth and changing dimensions of our online/digital age. Hopefully these ‘IP Legal Freebies' give you some useful insights into the value of your COPYING ANOTHER ARTIST’S WORK INTO A NEW MEDIUM CAN Copying another artist’s work into a New Medium can violate copyright. The idea behind a piece of artwork is not protected by copyright. However, a near replica of an artist’s work in different medium can be a copyright violation if the new work closely copies a copyright protected work. What this means is that being inspired by an

idea of

*ROYALTIES: NET VS GROSS « IP LEGAL FREEBIES BLOG A royalty % that is based on the GROSS revenue means that the writer or musician’s cut is calculated from the money made from the sale of the work BEFORE any deductions are made for the publisher’s business overhead costs. On the other hand, a royalty % based on NET revenue means that the publisher makes deductions for its business overhead COPYRIGHT LAW: USING QUOTES FROM SOMEONE ELSE IN YOUR BOOK Dr. Martin Luther King Junior’s speech ‘I Have a Dream’ is one of the most recognizable speeches in US history and it is covered by copyright protection. Dr. King registered the speech for copyright protection in 1963. This leads to the question, when can quotes from his famous speech or other copyright protected works be USE GOOGLE ALERTS TO MONITOR USE OF YOUR TRADEMARKS Using a “Google Alert” is an easy way to monitor how your trademark, copyright, business name or storybook (ie your intellectual property) is being used or written about on the interne UNDERSTAND HOW YOU’RE GETTING PAID Publishing contracts include terms for how musicians and writers get paid for their work and understanding these terms helps you figure out how much you are getting paid and when you will see the money. Most publishing contracts include an ADVANCE and ROYALTIES that are based on either NET or GROSS revenue. These three little HOW TO USE THE TRADEMARK & COPYRIGHT SYMBOLS: ®, TM, SM The TM and SM symbols can be used with an unregistered trademark or service mark to inform the public that a word mark, logo, or design mark is being used as a trademark and that the owner of the mark claims rights to it. Using either of these symbols gives notice that the mark owner is intentionally establishing ‘common law trademark

rights

ARE SHERLOCK HOLMES CHARACTERS AND STORY ELEMENTS A lawsuit over the FREE USE of the Sherlock Holmes characters and story elements prompted the US District Court in the Northern District of Illinois to do some detective work into the famous, fictional detective to determine whether Holmes, other characters and story elements of Sir Arthur Conan Doyle's books and stories had entered

into

LADY GAGA DEFENDS HER NAME AS A TRADEMARK « IP LEGAL Lady Gaga successfully trumped the trademark application of a company who attempted to register her name as a trademark without permission. Kind of sneaky to attempt to register LADY GAGA as a trademark to sell makeup and jewelry. (Celebrities often get big bucks to endorse products). Can a name be used as a trademark? Yes! IP LEGAL FREEBIES BLOG The USPTO trademark database is the source of prized celebrity news the names of Beyoncé & Jay-Z’s newborn twins (drum roll) RUMI CARTER & SIR CARTER. The names RUMI CARTER & SIR CARTER were no longer secret after USPTO trademark applications were filed for both names in over a dozen classes of goods and services. ABOUT THE AUTHOR: VANESSA KASTER « IP LEGAL FREEBIES BLOG Vanessa Kaster started this blog to share ‘IP Legal Freebies’ with you. Entrepreneurs, artists, brands, authors, comedians & creators (ie all of us) have to keep up, adapt, and navigate the rapid growth and changing dimensions of our online/digital age. Hopefully these ‘IP Legal Freebies' give you some useful insights into the value of your COPYING ANOTHER ARTIST’S WORK INTO A NEW MEDIUM CAN Copying another artist’s work into a New Medium can violate copyright. The idea behind a piece of artwork is not protected by copyright. However, a near replica of an artist’s work in different medium can be a copyright violation if the new work closely copies a copyright protected work. What this means is that being inspired by an

idea of

*ROYALTIES: NET VS GROSS « IP LEGAL FREEBIES BLOG A royalty % that is based on the GROSS revenue means that the writer or musician’s cut is calculated from the money made from the sale of the work BEFORE any deductions are made for the publisher’s business overhead costs. On the other hand, a royalty % based on NET revenue means that the publisher makes deductions for its business overhead COPYRIGHT LAW: USING QUOTES FROM SOMEONE ELSE IN YOUR BOOK Dr. Martin Luther King Junior’s speech ‘I Have a Dream’ is one of the most recognizable speeches in US history and it is covered by copyright protection. Dr. King registered the speech for copyright protection in 1963. This leads to the question, when can quotes from his famous speech or other copyright protected works be USE GOOGLE ALERTS TO MONITOR USE OF YOUR TRADEMARKS Using a “Google Alert” is an easy way to monitor how your trademark, copyright, business name or storybook (ie your intellectual property) is being used or written about on the interne UNDERSTAND HOW YOU’RE GETTING PAID Publishing contracts include terms for how musicians and writers get paid for their work and understanding these terms helps you figure out how much you are getting paid and when you will see the money. Most publishing contracts include an ADVANCE and ROYALTIES that are based on either NET or GROSS revenue. These three little HOW TO USE THE TRADEMARK & COPYRIGHT SYMBOLS: ®, TM, SM The TM and SM symbols can be used with an unregistered trademark or service mark to inform the public that a word mark, logo, or design mark is being used as a trademark and that the owner of the mark claims rights to it. Using either of these symbols gives notice that the mark owner is intentionally establishing ‘common law trademark

rights

ARE SHERLOCK HOLMES CHARACTERS AND STORY ELEMENTS A lawsuit over the FREE USE of the Sherlock Holmes characters and story elements prompted the US District Court in the Northern District of Illinois to do some detective work into the famous, fictional detective to determine whether Holmes, other characters and story elements of Sir Arthur Conan Doyle's books and stories had entered

into

LADY GAGA DEFENDS HER NAME AS A TRADEMARK « IP LEGAL Lady Gaga successfully trumped the trademark application of a company who attempted to register her name as a trademark without permission. Kind of sneaky to attempt to register LADY GAGA as a trademark to sell makeup and jewelry. (Celebrities often get big bucks to endorse products). Can a name be used as a trademark? Yes! ABOUT THE AUTHOR: VANESSA KASTER « IP LEGAL FREEBIES BLOG Vanessa Kaster started this blog to share ‘IP Legal Freebies’ with you. Entrepreneurs, artists, brands, authors, comedians & creators (ie all of us) have to keep up, adapt, and navigate the rapid growth and changing dimensions of our online/digital age. Hopefully these ‘IP Legal Freebies' give you some useful insights into the value of your *COPYRIGHT: PHOTOS « IP LEGAL FREEBIES BLOG Seeing the printouts of photos uploaded to Flicker over a 24-hour period is a sobering visual of the amount of content uploaded and shared in one day (on *COPYRIGHT: TERMINATION « IP LEGAL FREEBIES BLOG Enter your email address to subscribe to this blog and receive notifications of new posts by email. *PHOTO: INFRINGERS « IP LEGAL FREEBIES BLOG An online following of over 617,000 folks can be a powerful negotiation tool. I read recently that a NY street-photographer leveraged his online following by “unleashing a viral whiplash” on DKNY for using some of his photographs in a Bangkok window display

without permission.

*LICENSING: COVER SONG « IP LEGAL FREEBIES BLOG RightsFlow offers an easy online service for licensing cover songs for use on physical CD’s, ringtones, digital downloads and interactive streaming. So back to the Bruce Springsteen example, the price for licensing a Bruce Springsteen song for use on 500 CD’s and 500 digital downloads is less than $150.00. If you are selling your CD’s

for

*TRADEMARK: USE « IP LEGAL FREEBIES BLOG Trademark use isn’t always as obvious as you might think. For example, the design on a sweatshirt or t-shirt (which might be why you notice and purchase the shirt) is not trademark use (it is decorative or ornamental use). For trademark use look to the label inside the sweatshirt or t-shirt or the hang tag. *TRADEMARK: NEW BIZ « IP LEGAL FREEBIES BLOG The USPTO trademark database is the source of prized celebrity news the names of Beyoncé & Jay-Z’s newborn twins (drum roll) RUMI CARTER & SIR CARTER. The names RUMI CARTER & SIR CARTER were no longer secret after USPTO trademark applications were filed for both names in over a dozen classes of goods and services. ARE SHERLOCK HOLMES CHARACTERS AND STORY ELEMENTS A lawsuit over the FREE USE of the Sherlock Holmes characters and story elements prompted the US District Court in the Northern District of Illinois to do some detective work into the famous, fictional detective to determine whether Holmes, other characters and story elements of Sir Arthur Conan Doyle's books and stories had entered

into

LADY GAGA DEFENDS HER NAME AS A TRADEMARK « IP LEGAL Lady Gaga successfully trumped the trademark application of a company who attempted to register her name as a trademark without permission. Kind of sneaky to attempt to register LADY GAGA as a trademark to sell makeup and jewelry. (Celebrities often get big bucks to endorse products). Can a name be used as a trademark? Yes! US COPYRIGHT FEES INCREASE TOMORROW (5/1/14) « IP LEGAL Great post, I think other website owners should learn a lot from this web site its really user-friendly as well as contains great articles. IP LEGAL FREEBIES BLOG A FEW TIPS FOR MUSICIANS, AUTHORS, ARTISTS AND ENTREPRENEURS ON MANAGING COPYRIGHT, TRADEMARK AND INTELLECTUAL PROPERTY ATTORNEY

ADVERTISING.

MAIN MENU

Skip to content

* Home

* About the Author: Vanessa Kaster

Search for:

August 26, 2010

HOW TO WRITE A © COPYRIGHT NOTICE AND WHY TO USE IT? 26

*C O P Y R I G H T*

,

*Copyright © symbol

,

*Copyright is Automatic

,

*Copyright: Originality

,

*Copyright: Photos

,

*Copyright: Website

Using the © symbol is an easy way to notify the world that copyright exists in your original, creative work.

While

it’s not required by law to use the © to establish copyright in a photograph, piece of music or other creative work, it’s simple to do and could save you a lot of headache down the road. Writing the copyright notice out as: ©; followed by the year the work was created; then the name of the creator; and then finally by the phrase ‘All rights reserved’ …is a simple way to do it. For example: © 2013 JANIE DOE.  ALL RIGHTS RESERVED.  This line of text notifies others that the work is protected by copyright; it identifies the owner/creator of the work and lists the year of first publication. (First publication can be the first time the work was written down and distributed, even if it’s written on a napkin or

scrap of paper).

You might say that it’s easy for somebody to copy my music or photograph and just leave off the copyright notice. Yes, you’re right it is easy to do and it does happen. But the good news is that you are still protected anyway and the person who copies your work and deletes the copyright notice won’t have the defense of being an innocent infringer.  Down the road if a copyright dispute arises, having initially placed a copyright notice on your work could come to

your rescue.

Add the copyright notice to your sheet music, photographs, music video clips, website and electronic postings to create an official notice of your copyright ownership. BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com

_See also: other blog posts on related topics – “Put The World On Notice of Your Copyright “; “Copyright Protection Only Costs $35″ or As of 5/1/14 “Some Basic Copyright Claims now cost $55 “_; “How to use the ®, TM, SM, © symbols for trademark and copyright “; “Copyright Is Valuable, ‘The Birthday Song’ Earns $2 Million a Year In Royalties “; @ iplegalfreebies and www.kasterlegal.com .

SHARE THIS:

* Twitter

*

LIKE THIS:

Like Loading...

_RELATED_

Can I copyright my website’s content?

October

7, 2014In "*C O P Y R I G H T*" Put the World On Notice of Your Copyright

February

10, 2011In "*C O P Y R I G H T*" How to use the trademark & copyright symbols: ®, TM, SM, ©

May

16, 2014In "*C O P Y R I G H T*"

POST NAVIGATION

Copyright protection only costs $35 How and why to use the TM & SM symbols on unregistered trademarks

26 COMMENTS

*

Johne868 says:

June 2, 2014 at 7:47 pm I really appreciate this post. I’ve been looking all over for this! Thank goodness I found it on Bing. You’ve made my day! Thanks again!

deeaddfkcbeg

Reply

*

Vanessa Kaster says: June 2, 2014 at 8:00 pm Thanks for your comment and for following my blog.

Reply

*

Gable Ratchet says: June 3, 2014 at 8:59 pm Wondering if it’s necessary to include both name and date – ©Joe Bloggs seems perfectly adequate… and isn’t ‘all rights reserved’ indicated by the copyright symbol?

Reply

*

Vanessa Kaster says: June 4, 2014 at 5:52 pm Thanks for following my blog. You’re welcome to check out this post http://wp.me/p10nNq-4p for more insights into using and writing a

copyright notice.

Reply

*

RAhul says:

June 15, 2014 at 4:50 am thankyou so much for the information.

Reply

*

Vanessa Kaster says: July 30, 2014 at 2:30 pm Thanks for your comment and for following my blog!

Reply

*

Allaboutjeju says:

July 12, 2014 at 12:58 am Thx a lot for the great information! I should mark this logo soon

Reply

*

Vanessa Kaster says: July 30, 2014 at 2:31 pm Thank you for your comment and for following my blog.

Reply

*

Vanessa Kaster says: March 31, 2015 at 12:08 pm You’re welcome to check out this post http://wp.me/p10nNq-10 for more info on trademarks and logos. You are also welcome to click the word TRADEMARK in the topic menu (on the left side of the blog) for more posts on trademarks.

Reply

*

!en says:

January 12, 2017 at 10:41 am I heard if you sign date your stuff and than send it to yourself register mail you are very safe

Reply

*

Vanessa Kaster says: January 31, 2017 at 11:35 am Unfortunately this a myth. Your comment inspired me to blog on this topic — http://wp.me/p10nNq-V9

Reply

*

Angla Cashing says: August 21, 2017 at 2:12 am I have to say that I started to visit your website after finding a very interesting post about some info that I was looking for.

Reply

*

Vanessa Kaster says: August 21, 2017 at 11:07 am Thank you for visiting!

Reply

*

Eddie says:

September 25, 2017 at 11:20 pm can you copyright a saying or phrase ,,, a use of words to represent and artistic performance that you often do for the public

Reply

*

Vanessa Kaster says: September 26, 2017 at 12:49 pm Hi Eddie. Good question. Your question inspired this post: http://wp.me/p10nNq-13Q. Hope you have a great day and visit my blog

often.

Reply

*

Etzel says:

January 26, 2018 at 1:48 pm Thank you very much, your article was a great help! But there is something I really need to know. I’m working on my first game and I use some program codes from other people. The codes are free to use, they just want to be credited – no problem. How do I write the copyright correctly, when different elements within a game are made by

different people?

Reply

*

Vanessa Kaster says: January 31, 2018 at 5:06 pm If you are asking about open source software, it is not public domain and the software’s author retains copyright in the work. Looking to the terms and conditions of using open source software (often via royalty free licensing) is important to ensure compliance with the inclusion of required notices, redistribution rights, rights to prepare derivative works and other terms and conditions including copyright. (https://opensource.org/faq#commercial is a useful resource for more information on open source software).

Reply

*

Amaresh sitha says:

October 9, 2018 at 11:53 pm Thankyou so much for the information

Reply

*

Julie says:

March 1, 2019 at 5:36 pm Excellent way of telling, and good article to take facts regarding my presentation focus, which i am going to deliver

in school.

Reply

*

Chance Colglazier says: January 26, 2020 at 1:02 am I lovereally like your blog.. very nice colors & theme. Did you createdesignmake this website yourself or did you hire someone to do it for you? Plz replyanswer backrespond as I’m looking to createdesignconstruct my own blog and would like to knowfind out where u got this from. thanksthanks a lotkudosappreciate itcheersthank

youmany thanks

Reply

*

Vanessa Kaster says: January 26, 2020 at 9:58 am Thank you for visiting my blog & your compliments. My blog is hosted on WordPress and I use a template from WordPress for the blog design and layout. Hope this helps.

Reply

*

Florentina Kort says: January 26, 2020 at 1:39 am With havin so much content and articleswritten contentcontent do you ever run into any problemsissues of plagorism or copyright violationinfringement? My websitesiteblog has a lot of completely uniqueexclusiveunique content I’ve either authoredcreatedwritten myself or outsourced but it looks likeappearsseems a lot of it is popping it up all over the webinternet without my agreementauthorizationpermission. Do you know any solutionstechniquesmethodsways to help protect againstreducestopprevent content from being ripped offstolen? I’d certainlydefinitelygenuinelytrulyreally appreciate it.

Reply

*

Vanessa Kaster says: January 26, 2020 at 3:45 pm As you know (and are experiencing) anything posted online can easily be copied and used by others without permission. There are some tools to help manage this (often imbedded in the Terms of various websites that in courage users to post content). You asked how I manage it personally: I often email folks using my content and ask them to attribute my content to me (which is also stated in the copyright notice on my blog). This may not be the solution for you. I will post a new blog soon to address your question. Stay tuned.

Reply

*

Pingback: May 1 – Journal Entry – Shizuka Sakura Sora

*

Stephen Hardwick

says:

July 28, 2020 at 3:56 pm Hi Vanessa – Does the copyright symbol you mention above protect me in the UK as well? Also got any idea how I can insert the symbol into Youtube text using a simple Qwerty keyboard ?

Reply

*

Vanessa Kaster says: September 16, 2020 at 2:15 pm Copyright laws are different in each country. Check with a copyright professional in your country. This may be a helpful resource: https://www.gov.uk/copyright

Reply

LEAVE A REPLY CANCEL REPLY Fill in your details below or click an icon to log in:

*

*

*

*

*

Email (required) (Address never made public)

Name (required)

Website

You are commenting using your WordPress.com account. ( Log Out /

Change )

You are commenting using your Google account. ( Log Out /

Change )

You are commenting using your Twitter account. ( Log Out /

Change )

You are commenting using your Facebook account. ( Log Out /

Change )

Cancel

Connecting to %s

Notify me of new comments via email. Notify me of new posts via email. BY: VANESSA KASTER, ESQ. * About the Author: Vanessa Kaster

RECENT UPDATES

*All Media Contracts *Cease & Desist Letter

*C O P Y R I G H T*

*Copyright: Fair Use *Copyright: Graffiti *Copyright: Infringement

*Copyright: Music

*Copyright: Originality *Copyright: Permissions

*Copyright: Photos

*Copyright: Quotes

*Copyright: Tattoos

*Copyright: Termination

*Copyright: Website

*Copyright for $35/$55 *Copyright is Automatic *Copyright is not Secret *Copyright © symbol

*Crowdfunding

*Cybersquatters

*Domain: Names

*Domain: new gTLD

*Embed your metadata *Get Contracts Signed *Jamie Thomas Update *Last Will & Testament *Licensing: Cover Song *Licensing: Exclusivity

*MUSIC SAMPLING

*Opt-IN vs Opt-OUT

*Opt-out: Google Books

*Photo: Infringers

*Photo Releases

*Protect an IDEA?

*Public Domain

*Royalties: Digital Music *Royalties: Net vs Gross

*T R A D E M A R K

*Trademark: Confusion *Trademark: Descriptive *Trademark: Enforcing *Trademark: Exclusive *Trademark: Infringers *Trademark: Louboutin

*Trademark: Name

*Trademark: NEW BIZ

*Trademark: Popsicle

*Trademark: Search

*Trademark: Use

*Trademarks: TM & SM *Traditional Knowledge

*Vanessa Kaster

*Website: Privacy Policy *Website: Social Media *Website: Terms of Use

EMAIL SUBSCRIPTION

Enter your email address to subscribe to this blog and receive notifications of new posts by email. Join 127 other followers

Email Address:

Sign me up!

Blog at WordPress.com. Add your thoughts here... (optional) Post to

Cancel

Email (Required) Name (Required) Website

Loading Comments...

Comment

×

%d bloggers like this:

* FollowFollowing

* IP Legal Freebies Blog

*

Already have a WordPress.com account? Log in now.

*

* IP Legal Freebies Blog

* Customize

* FollowFollowing

* Sign up

* Log in

* Copy shortlink

* Report this content * Manage subscriptions

* Collapse this bar