S13 W6 E21-24 COPYRIGHT ESSENTIALS: PROTECTION, OWNERSHIP, INFRINGEMENT, AND RESPONSE STRATEGIES [Leveraging INSPIRATION: The Inspired Patent Podcast] with Wayne Carroll

​S13 W6 E21-24 Leveraging INSPIRATION: The Inspired Patent PodcastTM 

Wayne Carroll - “ Leveraging INSPIRATION: The Inspired Patent PodcastTM   - Intellectual Property Strategy for Startups & Small Business” 
IBGR.Network...The World of Business at Your Fingertips

Week 6 of 13: Copyright Essentials: Protection, Ownership, Infringement, and Response Strategies

1. E21:Copyright protections  - How long, what is covered, and strategies for registration
   
2. E22: Don’t copy content (words, images, video, music, etc.) until you listen to this episode!!
   
3. E23: Qualifications for copyright ownership - ChatGPT and open AI
   
4. E24: What to do if you get a copyright infringement cease and desist letter
   

​S13 E21  Copyright protections  - How long, what is covered, and strategies for registration 
According to David Israelite, President and CEO of the National Music Publishers' Association, copyright serves as the legal foundation for not only the music industry, but also the film, software, publishing, and many other creative industries. 

As a small business owner, it is important to understand how copyright works, even if your business does not operate within one of these industries. If you create any form of content, have a website, or have developed any software or manuals for your business, you may be creating intellectual property that requires protection under copyright law.

Many small business owners assume that they automatically own the copyright for work created by an employee or commissioned from a contractor, but this is not always the case. In fact, the copyright owner may be the person who created the work, unless there is a written agreement in place that specifies otherwise.

If you do not own the copyright for your work, it may be difficult to sell your business or transfer ownership to someone else.

Copyright law gives the owner exclusive rights to control how their work is used, reproduced, and distributed. Including any reproduction, derivative works, and public performance of their work. For visual works of art, the owner also has the right to control how the work is displayed in public.

Copyright protections apply to literary, artistic, musical, and other works with creative content. In the United States, the creator of the work automatically owns the copyright as soon as it is created and fixed in a tangible form. Registration with the U.S. Copyright Office is recommended for additional legal protection.

If you are creating original work, it is important to document the date of creation and consider registering your work with the U.S. Copyright Office. While copyright registration is not required to claim copyright, it is necessary if you wish to bring a lawsuit in Federal Court. Registering your work before any potential infringement occurs can also entitle you to statutory damages and attorney fees, whereas registering after infringement has occurred will only entitle you to provable damages.

If you have a large number of works, such as photographs, you can combine them into one filing with the U.S. Copyright Office. This can make the process more efficient and cost-effective.
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In conclusion, copyright is an essential aspect of protecting your intellectual property as a small business owner. It is important to understand how copyright works and take steps to ensure that you own the copyright for any creative works that your business produces. By doing so, you can help protect your business from potential legal action and maintain control over your intellectual property.

BIO:
Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.  

In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.  

Schedule an appointment with Wayne Carroll for a strategy session on protecting and leveraging your intellectual property.

TAGS: copyright, work for hire, copyright infringement



S13 E22 Don’t copy content (words, images, video, music, etc.) until you listen to this episode!!
"Happy Birthday To You" is not just the world's most popular song, it was also under a copyright claim for many years. In 2016, an order was issued by a court, placing the song into the public domain.

This case highlights the importance of verifying public domain status before using copyrighted works in your business. It is crucial to protect yourself from potential lawsuits.

COPYING IS COPYRIGHT INFRINGEMENT. Any time you copy, even if you modify or create new material based on what you copied, you are at risk of infringing a copyright. Copying is taking any part of a copyrighted work, even if you modify, distort, re-draw, or add significant original content. 

EVERYONE IS DOING IT DEFENSE DOES NOT WORK. If you see lots of websites using the image or drawing, they might all be licensing the copyright, they might all be infringing, or the material may be in the public domain. 

COPYRIGHT LASTS FOR A LONG TIME. The current term of copyright for an individual is 70 years after the author dies. For a work-for-hire, the term is 95 to 120 years.  Don’t assume because something seems old that the copyright has expired.

FAIR USE IS A VERY LIMITED EXCEPTION to copyright law. One problem with relying on fair use is that it is a defense after you get sued. You can still get sued, and then you have to convince a court that it falls under the fair use exception, which usually rules out anyone that is making money from content that is copied. It is usually better to just obtain a license. 

YOU NEED A LICENSE FOR MOST “OPEN SOURCE” CONTENT. Each piece of “open source” content, whether software code or a photograph has a license with requirements, such as attribution, commercial use, and creation of derivative works. 

In marketing, they say “content is king”. Make sure your content does not get you sued. 
If you are using music, videos, pictures, images, or other artwork in your business, it is essential to verify that you have permission to use the work, or that the work is in the public domain. Once you verify you have permission, keep a file that links the content to the place you obtained permission. 

Our next episode covers What to do if you get a copyright infringement cease and desist letter

BIO: Wayne Carroll is a highly experienced intellectual property lawyer with over 15 years of experience. He holds a Juris Doctor degree with a concentration in Intellectual Property Law from Suffolk University Law School, as well as an undergraduate degree in Electronic Engineering Technology from DeVry University. Wayne is the CEO and Attorney at Inspired Idea Solutions, LLC, a firm he founded in 2013, where he specializes in patent strategy, patent prosecution, trademark strategy and registration, and copyright litigation.

In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.  

Schedule an appointment with Wayne Carroll for a strategy session on protecting and leveraging your intellectual property.

TAGS: IP Strategy, Business Strategy, copyright, public domain, infringement, fair use, license, open source, content, music, videos, pictures, images, artwork



S13 E23  Qualifications for copyright ownership - ChatGPT and open AI
In 2011, a monkey in Indonesia took a selfie using a photographer's camera. The photographer, David Slater, claimed copyright ownership of the photo and published it. However, animal rights group PETA filed a lawsuit on behalf of the monkey, arguing that it should hold the copyright since it took the photo. The court ultimately rejected PETA's argument, ruling that animals cannot own copyrights under US law. The court found that copyright law only applies to "human authorship," and therefore only humans can hold copyright ownership. This ruling set a precedent for future cases involving nonhuman creations.

Small business owners need to understand how intellectual property works, including copyright ownership qualifications, to ensure they do not infringe on the rights of others and to protect their own creations.

[What you need to know] To qualify for copyright ownership, a work must be original and fixed in a tangible medium of expression. The creator or owner of the work can be an individual or a legal entity, such as a corporation. Additionally, it is important to note that non-human entities, such as animals or AI, are not currently recognized as copyright owners under US law.

[What you need to do] As a small business owner, it is important to ensure that any work you use or create does not infringe on the copyright of others. This includes obtaining permission or licensing for any copyrighted material you use and registering your own original works with the US Copyright Office for additional protection.

[TAKE ACTION] Do this now! Familiarize yourself with copyright laws and seek legal guidance if you are uncertain about how to proceed with a copyrighted work. Register your own original works with the US Copyright Office to establish proof of ownership and additional legal protections.


 
BIO: 

Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.  

In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.  

Schedule an appointment with Wayne Carroll for a strategy session on protecting and leveraging your intellectual property.


TAGS: design patent, intellectual property, USPTO, patent attorney, patent protection, patent search, patent application, patent prosecution, enforcing patent rights, revenue generation, innovation, product design, ornamental design, visual appearance, functionality, shape, texture, ornamentation, utility patent, protection strategy, patent grant, patent infringement, patent term, patent eligibility, patent prosecution process, patent options, intellectual property protection, patent consequences




S13 E24 What to do if you get a copyright infringement cease and desist letterIt's crucial for small business owners to understand how to respond to cease and desist letters to protect themselves from legal trouble and potential damages.

In the United States, we still believe in innocent until proven guilty. For a company to get a judgment against you they must file a lawsuit, prove that they own the copyright, and prove that you infringed that copyright. 

There is an industry of harassment cease and desist letters for copyrights. This industry is looking for easy targets that won’t fight back. Unfortunately, small businesses are often targeted. 
An experienced attorney will be able to assess whether there the cease and desist letter is likely harassment, or if there is a substantial case and potential for damages. 

Different cases need to be treated differently.    

Between 2003 and 2008 the music industry sued thousands of individuals for using P2P downloading services. A service that connects two individual computers over the internet for downloading. 

• Lots of settlements
• Intimidation
• Use of IP addresses and John Doe lawsuits

These tactics are still used by some today. Some courts disfavor these techniques, so more effort has been put into getting settlements without a lawsuit.  

You may be able to get the issue to go away by working with an attorney and complying by taking down the offending copyrighted work.

• Note: When you take it down search your website for the file name. Sometimes files remain “available” even though they have been taken off the main webpage.

The music industry fought downloads and streaming. 

The image content industry is now fighting AI-created images. 

History repeats itself. 

If you get a cease and desist letter, work with an attorney that stays up-to-date with the legal and technology issues. 

Working with an attorney to respond will let the company know that you are taking this seriously and that you will not be bullied. Once an attorney responds the company is required to contact your attorney, limiting harassment techniques to get a settlement. 
 

Next week:  Week 7 Maximizing IP Ownership: Asset Protection, Default Laws, LLCs, Contracts, and Agreements 

1. Special Guest Ike Devji - Asset Protection expert
2. Why you should form an LLC or corporation for your intellectual property
3. Ownership Agreements: Protecting Your Intellectual Property When Working with Partners, Employees, and Contractors.
4. The Role of Contracts in IP Ownership: Navigating Joint Ownership, Licensing, and Assignments to Protect Your Interests.

BIO: Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.  

In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.  

Schedule an appointment with Wayne Carroll for a strategy session on protecting and leveraging your intellectual property.


TAGS: copyright cease and desist letter, attorney, AI, copyright


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