Today on The Legalpreneur, I outline the key differences between a copyright and a trademark. If you are seeking federal protection for your brand then you must register it as a trademark whilst your creative work itself is, in most cases, inherently protected, assuming that it is unique.
The internet makes it easy for individuals to steal copyrighted material but a DMCA takedown is a legitimate reprisal for creators who aren’t ready to hire an attorney. Generally, platforms are swift to take down content that has been flagged for copyright infringement but if the violator counters, you may need to enlist an attorney and take them to court. Education is the first phase of protection and in this episode you will learn exactly how you can protect your work from copyright infringement.
Key Takeaways:
[0:50] If you are repeatedly creating something it is most likely requires a copyright
[1:40] The brand name is your trademark but what you create with that brand is copyright
[2:10] Creative work is often inherently federally protected, without registration, if it is unique
[2:42] You must register a trademark in order to receive federal protection
[4:58] The DMCA takedown allows small creators to police their work online without an attorney
[6:20] If copyrighted material isn't removed after a DMCA form is filed, you can then sue
[7:30] False counter notices open violators up to copyright infringement and perjury
[8:10] The Legalpreneur offers unlimited copyright takedowns services
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Disclaimer:
The Legalpreneur Podcast is advertising/marketing material. It is not legal advice. Please consult with your attorney on these topics. Copyright Legalpreneur Inc 2022
