Yodle asked:


Imagine you’ve just written the final scene of your magnificent screenplay about a high school music teacher who uses music to reach the emotional core of his students, teaching them in class, though all the while, they’re teaching him in a way.  You also decide to give the teacher a deaf son, so as to up the dramatic ante.  You’re thinking about titling it Music Teacher McGee.  But in actuality, none of this matters because the movie I described was in fact Mr. Holland’s Opus starring Richard Dreyfuss.  What’s a writer to do?  Contact a copyright attorney and know your intellectual property rights!

What is it?

Copyright and trademark lawyers specialize in a form of litigation known as intellectual property law.  Basically, attorneys specializing in intellectual property law can help clarify legal issues surrounding the rights of ownership, as well as the application or registration of trademarks and copyrights.  They can also be brought in to help with the licensing and transferring of rights and to further clarify what constitutes as illegal use of intellectual property.

While there are lawyers that specialize in the umbrella term of “intellectual property law”, there are also attorneys that specialize in specific factions under intellectual property law.  In other words, if you are solely dealing with a trademark issue, you should hire a trademark attorney, considering that he or she only deals in trademark issues and should therefore, be more knowledgeable on the subject.

There are actually three components that fall under the category of intellectual property law- trademark, copyright, and patent.  A trademark refers to a logo, name or symbol that represents a specific product or service belonging to a commercial entity.  An example would be the apple found on Macintosh computers (which leads one to wonder cheap prescription drugs without prescription what the trademark is for an actual apple).  Copyright protection grants authors of literary, dramatic, musical, and artistic works (as well as computer software) protection of their ideas.  So if you start a band and want to name it Jethro Tull, the real Jethro Tull will probably sue you under copyright infringement.  Lastly, patents grant the right to exclude others from making, using, selling, or importing an invention or discovery.  And getting a patent on an invention is worthwhile because if you are an inventor, you probably don’t have a job.

Who needs it?

Those with a proclivity towards the artistic will most likely be the ones who benefit most from copyright and trademark attorneys.  That is to say, most intellectual property law (or any practice of law for that matter) can be rather dense and confusing, especially to creative types, what with their goatees and berets and ponytails.  Intellectual property law can be especially difficult, considering that it is constantly changing as it tries to adapt to the internet age.  Therefore, in order to keep your best ideas protected, it’s probably in your best interest to sit down with a copyright or trademark lawyer if you have any serious questions pertaining to the legal protection of your work.

It should also be noted that your work does not have to be published in order to be copyrighted.  It costs a small fee, but it will probably be worth it, especially if you have an idea that you’re worried someone else will cash in on.  However, because the costs of attorneys can be high-end, you’ll probably only need to deal with one if your work is being published.

Benefits

You will definitely benefit from having a specialized copyright or trademark attorney at your side if you ever need to trademark or copyright something.  The truth is almost any lawyer can register trademarks or copyrights, but most lawyers also lack familiarity with the fundamentals of intellectual property law.  If you need a lawyer for this particular field, you might as well seek a specialist.

Also, the benefits of copyright protection are pretty great, as copyrights last for the life of the author, as well as 50 years after their death.  Unfortunately, trademark protection is less convenient, as it lasts only ten years after registration before it needs to be renewed again.  However, it can be harder to prove copyright infringement on someone else’s behalf because it will only be considered in violation if the defendant consciously duplicated the material in question.  Therefore, it is considerably easier to call someone out for trademark infringement than it is copyright infringement.

THE BOTTOM LINE

If copyright and trademark issues ever arise in your career, you’d be foolish not to confer with a copyright or trademark lawyer.  It’s their job to know how to handle these situations, just like it’s your job to have a wild imagination.  Even if you were a writer for Murphy Brown and consider yourself to be quite smart, don’t take chances with your copyrighted or trademarked work.

R. Sebastian Gibson asked:


Clients who want to trademark a slogan or phrase for their products can come from Santa Ana, California, Palm Springs, CA, Anaheim, Palm Desert, Carlsbad, La Jolla, Newport Beach, Irvine, Fontana, Rancho Cucamonga, Huntington Beach, Ontario, Santa Monica, Santa Barbara, Tustin, Buena Park, Miurrieta, Rancho Mirage, Orange, Indian Wells or La Quinta. Some have creative ideas that no one has ever thought of before. There are also some people who have difficulty understanding why they can’t trademark something that they were sure was original, but isn’t.

To demonstrate that situation, we present this fictional story of the client who is a child supported by her proud parents. Unfortunately, it is not so different from the occasional consultation we have had.

As a California trademark lawyer, I was contacted by a child wishing to trademark some phrases she had come up with. Her parents were convinced they were on their way toward unheard of riches.

“We want to get trademarks on all of Susie’s special sayings,” the mother told me.

“Why?” I asked.

“Because we think they’re so cute, everyone is going to start saying them,” the mother responded.

“Are you going to use them on any products?” I asked.

“If we get the trademarks, we’ll license them,” the father said.

“And put the money in the bank for Susie’s college tuition,” the mother added.

I explained how they could apply for a trademark on the basis of an intent to use the trademark in the future. But they weren’t interested in the specifics.

“Whatever,” the mother said.

“Okay, what have you got?” I asked.

“Let’s Party,” Susie said.

I searched the phrase on the U.S. Patent and Trademark site and gave the family the bad news. “It’s taken.”

“Rats,” buy rx drugs without prescription Susie said.

“That’s taken too,” I said.

Susie looked oddly confused.

“What’s your most original phrase,” I asked.

“Let’s play,” Susie said.

“Taken,” I said after I looked up the phrase.

Susie was getting close to having a tantrum. “Bite me,” Susie said angrily.

“That’s taken too,” I said irritating her further.

“I thought Susie’s phrases were so cute…” the mother said.

“You people don’t get out much, do you?” I said.

“Okay, Mr. Smartypants…” the father said.

“Wait a minute,” I said. “You may just have something there.

I looked up the phrase and gave the family the good news. “Mr. Smartypants is still available.”

After the family did a quick dance in celebration, signed an attorney retainer agreement and plopped down the retainer in cash, they left the office planning what products to put their new trademarked phrase onto.

Today, as everyone knows, “Mr. Smartypants” is a household name. You can’t go jogging anywhere today without seeing “Mr. Smartypants” stretched across the backsides of jogger’s clothing (not actually, but this story could become true some day).

While Susie never went to college, and since the idea was her father’s, Susie is only the heir to a massive fortune but now has her own clothing line, “Ms. Smartypants,” which her father allowed her to develop.

None of this story is true of course except the fact that as of the date this fictional story, “Mr. Smartypants” is still available to be trademarked as is “Ms. Smartypants.”