TOP QUESTIONS
What is a Copyright?
Copyright is a form of protection provided to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The 1976 Copyright Act generally gives the owner of copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly.
The copyright protects the form of expression rather than the subject matter of the writing. For example, a description of a machine could be copyrighted, but this would only prevent others from copying the description; it would not prevent others from writing a description of their own or from making and using the machine. Copyrights are registered by the Copyright Office of the Library of Congress.
Rogero Law assists its clients in properly registering their copyright claims, preparing licenses for the legal use of copyrighted works by others, protecting copyrighted materials from infringement, and defending claims of copyright. If your copyright is compromised, our attorneys can assist in defending your case and upholding your rights against a third party. To learn more about our copyright practice area, click here.
What is a Trademark?
A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms “trademark” and “mark” are commonly used to refer to both trademarks and service marks.
Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks that are used in interstate or foreign commerce may be registered with the U.S. Patent and Trademark Office.
In order to secure that your trademark cannot be imitated or duplicated, our attorneys at Rogero Law work closely with our clients. Once you have correctly registered a trademark, you will obtain the records you need to defend yourself against any imitators. To learn more about our trademark practices, click here.
What should I do if another party infringes on my copyright or trademark?
If your legally trademarked or copyrighted material is infringed upon by an opposing party, you must contact an attorney immediately. An infringement is classified by the violation of your contract agreement or an opposing party claiming your intellectual property as their own.
Our team can assist in exploring the terms of your existing copyright or trademark contract, and determine the best course of action moving forward. If the opposing party clearly violated the terms outlined in your contract, we can then pursue a court action to remove all damaging content and seek compensation for damages.
What should I do if another party accuses me of infringement?
Why do I need an Entertainment Lawyer?
A skilled Entertainment Lawyer can ease much of the confusion and frustration that may arise when dealing with the legalities of the entertainment industry. As an artist, performer, author, etc., you may not have the time to commit towards registering your work and protecting it from being copied or exploited.
The earlier you decide to involve an entertainment lawyer, the better. If an attorney is present from the very beginning of the process, they will already be well-versed and knowledgeable of your existing contracts if a complication should arise. An attorney from Rogero Law will be on your side every step of the way in order to see that things are running smoothly at all times.
What is Intellectual Property?
Intellectual property encompasses many of the areas that have already been addressed above. Copyright and trademark law are subcategories under the broader umbrella of intellectual property. By definition, Intellectual Property is something that is created in a person’s mind, such as an idea, invention, or creative work. An individual has the right to claiming ownership over these original, creative thoughts.
Our professionals at Rogero Law are experienced in protecting intellectual property. Whether you’re looking to register a copyright claim for your business or ensure that your product is patented, we can assist you in all of these areas. We recognize how important intellectual property protection is and we strive to keep our clients covered at all times.
Why should I choose Rogero Law?
At Rogero Law, based upon long experience, we are familiar with the ins and outs of many types of entertainment issues. Our attorneys work diligently to fully comprehend your needs and implement strategies to advocate the results you are searching for. If you are searching for lawyers that will do everything in their power to defend your rights and properly represent you and/or your business, Rogero Law is the firm for you.
ADDITIONAL INFO
How are trademark rights protected?
Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks that are used in interstate or foreign commerce may be registered with the U.S. Patent and Trademark Office.
Trademark rights arise upon use of a mark to brand goods or services offered in commerce. Registration is not necessary to gain some simple trademark rights, but registration offers the advantages of public notice and enhanced legal remedies to help protect the owner’s rights.
How do I protect my creative works?
If you are a writer, artist, musician, or business owner, protecting your intellectual property from exploitation by others is crucial. Copyright registration strengthens your rights and gives you important tools to protect your work. As the owner or creator of an original work, registration provides you with exclusive rights for the use and distribution of your work.
However, it may be challenging to properly register and secure your original work, and to grant licenses for others to use your work without the involvement of an attorney. Our legal team at Rogero Law can help you to understand your rights and the factors in play when obtaining a copyright or negotiating a license. With the assistance of a professional, you will have a better understanding of how your work can be reproduced and distributed on terms acceptable to you.
What do I do if someone infringes my copyright?
If you are a writer, artist, musician, or business owner, protecting your intellectual property should be one of your highest priorities. The time and investment you have made in creating, developing and promoting your intellectual property must be protected. The team at Rogero Law has extensive experience in prosecuting claims in each of these areas, stopping infringements, and recovering money damages.
What do I do if I am accused of infringement?
Your active participation in vibrant markets can expose you to claims of violation of the intellectual property rights of others. Rogero Law has defended many claims, seeking to minimize exposure and to find acceptable resolutions.
How do I start?
Get started in acquiring the valuable asset of a registered trademark today and call Rogero Law at (305) 441-0200 or click here to get in contact with our skilled professionals.