Intellectual Property + Entertainment

COPYRIGHT LAW IN SOUTHERN CALIFORNIA 

The United States Copyright Office defines a copyright as a form of intellectual property protection that is designed to protect original works of authorship. When an original work of authorship is created in California, copyright protection applies immediately—as soon as the author fixes the work in a tangible form of expression. In other words, you cannot get a copyright for something that exists purely in your mind. It must be written down or recorded in some tangible form. Copyrights are available for many different types of original works of authorship, including: 

• Literary writing (novels, poems, short stories); 

• Factual writing (reporting, non-fiction, etc)

• Musical works, including recordings; 

• Artistics works including drawings and paintings; 

• Computer software programs; and

• Architectural blueprints.

As noted previously, copyright protection applies from the very second that an original work is expressed. That being said, it is important to register your copyright to ensure that you have the maximum level of intellectual property protection. Among other things, the benefits of copyright federal registration include: A clear public record of ownership, a presumption of ownership in a legal dispute, the ability to enforce a copyright through an infringement lawsuit, and eligibility to recover statutory damages (attorneys fees, etc) in an intellectual property claim. If you have any questions about copyright registration and/or copyright law in general, contact our Santa Monica intellectual property lawyers for immediate assistance. 

TRADEMARK LAW

The United States Patent and Trademark Office (USPTO) defines a trademark broadly as a word, symbol, phrase, or other design element that serves as a “source-signifier” for certain products or services. A trademark is one of the most powerful legal tools that businesses and entrepreneurs have to develop their brand. 

From a technical perspective, you can obtain trademark rights purely through actual use of a distinctive service mark. However, to fully establish and develop your brand, it is highly recommended that you register your trademark. Doing so is the best step that you can take to protect your company against trademark infringement. 

We provide comprehensive trademark law services to businesses, organizations, and entrepreneurs in Los Angeles County, including those working in the entertainment industry. If you have any questions about California state trademark protection, federal trademark protection, or trademark infringement claims, contact our Santa Monica law office for help.