How do I get Intellectual Property Protection?
I have written a How To book that is unique. I have a TM for the title and an ISBN & Writer's Guild # but think there is more to protecting intellectual property rights...is there not? I am now teaching a continuing education course and my book is now the textbook for that. What else do I need to do to protect myself from knockoff artists?
Answered By: Greenwald, Mayfield & Vigil, LLP
You're off to a good start with the preliminary steps you have taken. One more thing you should certainly do is register your copyright with the US Copyright Office (http://www.copyright.gov/). Registration is not necessary to obtain a copyright since a copyright was automatically established when you put pen to paper and embodied your original idea in the book. However, registration does provide several added benefits, including a presumption of ownership and statutory damages if your copyright is registered prior to any subsequent claim of infringement. In addition, if your copyright is ever infringed, you'll need to register before you can bring a suit for infringement. The registration fee is nominal, so given the added benefits, it really makes sense to register it now instead of waiting for someone to infringe your work. Also, FYI. since your book is a how to, it's important to note that it is likely that some the elements in your book that are not copyrightable. That's because copyright doesn't protect processes. Therefore, a copyright won't prevent someone from doing the thing you are teaching and it won't prevent someone else from teaching the same thing, even in book form. However, the copyright will protect your specific expression of the process (as embodied in your book) and will prevent verbatim or near verbatim copying of your book). Other may freely express the same process in different terms. It may be possible to protect the how-to process itself using a patent (which affords some protection to process, methods, and systems among others things).
Answer Applies to: California
Replied: 6/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 6/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Mark S. Hubert PC
File a US copyright on the book.
Answer Applies to: Oregon
Replied: 6/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Oregon
Replied: 6/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Grant's Law Firm
I would recommend that you consult with an intellectual property attorney to discuss the possibility of trademarking the name of your book as well as a copyrighting the entire contents of your book in order to protect you.
Answer Applies to: California
Replied: 6/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 6/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Devon & Associates
You should file a copyright application for registration. I would be happy to assist you with that process.
Answer Applies to: California
Replied: 6/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 6/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Michael M. Ahmadshahi
The most likely intellectual property protection for is book is registering your copyright. Although, as the author of the book you own the copyrights to it, registering it solidifies your ownership of it.
Answer Applies to: California
Replied: 6/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 6/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
More Questions on Patent
- What do I do if a company gave me a faulty patent report?(12/8/2011)
- Can they still get my info from the subpoena since its before the case is over?(12/8/2011)
- Do I have a case if someone is claiming that I am infringing on their business name?(12/8/2011)
- How do I apply for a utility patent?(11/9/2011)
- How can I register a patent in the US?(11/9/2011)
- Can I legally put my own logo on a vintage copyrighted professional sports team hat?(10/17/2011)
- Do I need the actual software to get a software patent?(10/10/2011)
- Can someone change a product that I have a provisional patent for?(10/10/2011)
- Is a product modification something I can patent?(10/10/2011)
- Will I have to relinquish or pay money to a company if I use a phrase that is trademarked by them?(10/10/2011)
- What are the initial steps on having my ideas protected?(9/27/2011)
- Can I be arrested for copyright infringement for downloading peer to peer network content?(9/17/2011)
- Am I going to violate intellectual property rights if I will create/design a game based on another one?(9/17/2011)
- How can I protect my intellectual property?(9/17/2011)
- Who should I talk to regarding Intellectual inteligence?(9/17/2011)
- What can I do to patent and get my idea started?(9/17/2011)
- Can I sell a product I created from a designer product?(9/7/2011)
- Can a patent a product if someone has this patent but never used it?(9/7/2011)
- Can my friend patent an idea that we had discussed before?(8/29/2011)
- How long does a patent search take?(8/29/2011)
