© January 2007 by Francine Ward, JD.

 

All rights reserved.

Contents

Preface	v
Lesson 1: What Is a Copyright?	1
Lesson 2: What Are the Rights of a Copyright Owner?	7
Lesson 3: Who Owns a Copyright?	11
Lesson 4: How Long Does a Copyright Last?	17
Lesson 5: How to Protect Your Copyrights	21
Lesson 6: Copyright Infringement	27
Lesson 7: Fair Use and Public Domain	31
Lesson 8: What Is a Trademark?	39
Lesson 9: How to Select a Protectable Trademark	41
Lesson 10: How to Protect Your Trademark	45
Lesson 11: How to Register Your Trademark	51
Afterword	57
Resources	59
Appendix: Sample Forms, Contracts, and Letters	63
About the Authors	81
Index	83

Preface

Dear Colleague:

If you’re interested in learning everything you need to know to protect your copyrights and trademarks, to make your company and your brand more valuable, and to save money, plus a few extra bonus tips on how to avoid being sued for infringement, then this might be the most important product you’ve ever purchased.

Many myths will keep you uninformed about the law. For example, do you believe

• you can protect your copyright by mailing a copy of your work to yourself?

• if you hire a photographer to take your picture, you own the copyright in that photo?

• a copyright is really the same as a trademark?

• book titles can be protected by copyright?

• the more your trademark describes your product or service, the more likely it can be protected?

• you can use up to three minutes of a movie or television clip without getting permission?

• trademarks last for your lifetime, plus 70 years?

• copyrights last forever?

• once you have trademark protection, you always have protection?

• the ® is always the proper symbol to use to claim a trademark?

• registration is the key to trademark protection?

• surfing the Internet is the best way to do a trademark search?

• you need a lawyer to register your copyrights and trademarks?

 

If you answered yes to any of these, then you are in the right place. Why is it important to get past the myths and why should you know how to protect your intellectual property rights?

• So you’re not misled.

• So you can protect your brand.

• So you can increase the value of your company and your brand.

• So you don’t end up paying thousands of dollars in legal fees.

 

As an author, I know firsthand the importance of protecting my creative works. As an attorney, I am frequently asked by authors, speakers, and consultants how to protect their books and other information product content. To help answer those questions, I’ve created the self-directed study course titled Staying Legal: A Guide to Copyright and Trademark Use. Throughout the course, I will simply refer to it as the Staying Legal Guide.

Here is what you’ll get from the Staying Legal Guide:

• useful, easy-to-understand, ready-to-apply legal information for the nonlawyer designed to help you become more effective and ethical in your work

• answers to questions you didn’t even think to ask

• tips on how to identify what you have that should be protected

• guidance on how to distinguish between what can be protected by copyright and what can be protected by trademark

• step-by-step instruction on how to register your copyright, including which form to use

• step-by-step instruction on how to register your trademark, including which form to use

• strategies on how to select a logo, design, or phrase that can be protected by trademark

• two things you must do to protect your copyright

• seven things you must do to protect your trademark

• tips on how to save money on legal fees

• valuable secrets the U.S. Copyright Office won’t tell you

• four things you must know before you use someone else’s material

• advice on how to protect your book title.

 

This content-rich material is divided into 11 individual lessons. Each lesson will cover a specific topic, such as what can be protected by copyright and how to get through the registration process. Through the use of interactive checklists, mini vignettes, and useful hot links on the companion CD, you’ll walk away with a better understanding of the law.

It’s important for you to know that the Staying Legal Guide is not legal advice. These materials are a guide to general principles of law. You’ll receive enough information to help you identify what you can protect, how to protect it, and how to avoid being sued. If you need more information, you may need to hire an attorney to assist you with your specific situation. Moreover, the Staying Legal Guide will provide you with enough information that if you choose to hire a lawyer, you’ll at least be more knowledgeable. In the Resources section you’ll find lawyer referral services.

So let’s get busy.