Intellectual property on and off the Internet is a growing field and you need to keep up with the legalities. Here are 10 things you need to know:
1. Check with your attorney, because it’s confusing. Even being a certified paralegal, I find intellectual property law daunting.
2. According to the Cornell Law School Legal Institute website (http://www.law.cornell.edu/ ), “under current law, works are covered whether or not a copyright is attached and whether or not the work is registered.” (This means registered with the US Copyright Office.)
3. HOWEVER, the American Intellectual Property Lawyers Association [AIPLA] says the “registration … is not required for existence of copyright; however, it is a prerequisite to a lawsuit for copyright infringement and to certain legal remedies.” [Source: http://www.aipla.org/Content/ContentGroups/Publications1/Publications_available_for_viewing1/What_is_a_Patent_and_Trademark.htm ] They recommend you have a specialist draft the document.
4. Does that mean you should get one? Is a © of any use if it doesn’t allow you “remedies”? I refer clients to an attorney.
5. To get an official copyright, you can apply directly to the US Copyright office - http://www.copyright.gov/register .
Here is another resource that explains the process: http://www.lawgirl.com/registration.shtml
6. Here are some of the things they list as being copyright-able:
LITERARY WORKS
· Fiction and nonfiction
· Manuscripts
· Compilation of data
· Automated databases
· Dissertations, theses, reports, speeches
· Bound of looseleaf volumes
· Published or unpublished
· Pamphlets, brochures
· Online works
Apparently also included are website HTML code, source codes and website screen displays.
7. Registration becomes effective on the day they receive your application, and the official Certificate of Registration will come 4-5 months later (hold your tongue!)
8. There are also commercial sites you can register through. Here ine one: https://www.godaddy.com/gdshop/copyright/landing_choice
.asp?isc=&se=%2B&from%5Fapp= and here is another: http://www.joukkoliikennekeskustelu.net/copyright-on-the-internet.html
9. Do you know the difference between a copyright and a trademark? You’ll find a good review here from the AIPLA: http://www.aipla.org/Content/ContentGroups/Publications1/Publications_available_for_viewing1/What_is_a_Patent_and_Trademark.htm .
10. Also on their website you’ll find some educational materials, such as “How to Protect and Benefit from Your Ideas” - ( http://www.aipla.org/Template.cfm?section=About_AIPLA ).
Check with your attorney for legal advice, please. Your case is unique and you need better advice than you’ll get around the coffee machine.
Susan Dunn is a professional coach who specializes in emotional intelligence for individuals and businesses, with applications to all areas of your life.
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