Form Va for a Work of the Visual Arts Us Copyright Office

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TLDR

• When you launch your startup, you'll desire customers to recognize yous instantly. Ane way to do this is through a professionally crafted logo.
• Still, you'll want to protect your logo legally past copyrighting it.
• Copyright is "a type of intellectual property that protects original works of authorship as soon as the author fixes the work in a tangible grade of expression." Original works of art tin can include paintings, musical compositions, computer programs, books, poems, movies, and logos.
• Copyright does not protect ideas, processes, brusque phrases, slogans, or symbols. Those are considered "intellectual holding."
• When you secure a copyright, y'all legally prevent another person or entity from using or copying your logo, giving yous protection.
• Copyright protection is in place as soon as the work is created and fixed in a tangible form of expression.
• Although a copyright attaches as soon equally you create the work, registering your copyright with the U.Due south. Copyright Office gives your startup additional benefits.
• The standard copyrighting fee is $65; however, the filing fee can vary depending upon what you are copyrighting.
• You could inadvertently commit copyright infringement, not knowing a like piece of work exists.
• Under the Copyright Act of 1976, both civil and criminal penalties are bachelor, depending upon the infringement.

Call back about Coca-Cola's logo. When y'all run across it, you may think of the soda itself. Or yous might remember of the visitor's jingle. That one image, with the white lettering on the scarlet groundwork, immediately conveys company- or product-specific information — at a single glance.

When you lot launch your startup, you lot'll want people to recognize you instantly also. One fashion to do this is through a professionally crafted logo. However, you'll want to protect your logo legally by copyrighting information technology.

What is a copyright? A copyright is "a type of intellectual property that protects original works of authorship as presently as author fixes the piece of work in a tangible form of expression." Original works of fine art can include paintings, musical compositions, estimator programs, books, poems, movies, and, for our purpose here, logos. When you secure a copyright, y'all legally prevent another person or entity from using or copying your logo -- giving you protection.

In this article, we're going to explore the ins and outs of copyrighting a logo for your startup.

How to Copyright a Logo

When it comes to protecting a logo, there is much confusion. Exercise I copyright or trademark information technology? The short answer is that you can practice both. But first, permit'south look at the protections that a copyrighted logo can give your startup.

When securing intellectual property for your startup, it's critical to understand what a copyright protects. As stated in a higher place, copyright protects original works of authorship or intellectual or creative works such as "paintings, photographs, illustrations, musical compositions, sound recordings, figurer programs, books, poems, weblog posts, movies, architectural works, plays" and more than. However, a copyright does not protect ideas, processes, curt phrases, slogans, or symbols, amongst others.

If your logo is unique, you lot may secure a copyright for it, thus protecting the logo's distinctive nature. Unlike other forms of intellectual property protection,  similar a patent or a trademark, a copyright applies as shortly as the work is created and fixed in a tangible class of expression.

Additionally, whether or non yous register your copyright with the U.Southward. Copyright Office , if someone attempts to use your logo without your express permission, they infringe on your copyright. Copyright protection lasts for the lifetime of the creator plus 70 years.

Although not required, your startup tin benefit from copyright registration in the following ways:

"Public Record.  When a copyright is registered, it is published in the U.Southward. Copyright Office's searchable database. Because it is a public record, it is piece of cake for people to find and see that information technology is a copyrighted work.

Power to File an Infringement Lawsuit.  If your copyright is not registered, yous tin't file a copyright infringement lawsuit.

Validity of the Copyright.  The registration certificate will provide factual evidence of the validity of your copyright in a copyright infringement lawsuit.

Statutory Damages.  Without copyright registration, any fiscal recovery is limited to actual amercement, which tin can be nominal or difficult to prove. If yous register your copyright, you lot are entitled to statutory damages and attorneys' fees. Statutory damages range from $750 to $thirty,000. In cases of willful infringement, the amount can be up to $150,000."

Allow'due south now look at how to register a copyright with the U.S. Copyright Role, assuasive you lot to take advantage of the higher up benefits.

How to File a Copyright Application for Your Logo

If you cull to file a copyright application for your startup's logo, follow these steps:

1. Go to the U.S. Copyright Role's website . Select the Registration tab, and and then select Visual Arts.
2. From there, y'all'll consummate the online application, completing the required information such equally the logo's creator and a submitted image of the logo, along with the standard filing fee of $65. Yous tin also file through the U.Due south. mail with a newspaper application. Yet, online filing will be faster.
3. Wait for the U.Southward. Copyright Office to approve your awarding, after which y'all'll receive your certified registration.

To assistance guide yous through the process, the U.Due south. Copyrights Office has several videos posted on its website demonstrating how to file for protection of your logo.

What is the Difference Between a Copyright and a Trademark?

Unlike a copyright, a trademark can protect slogans, titles, and names of businesses. Oftentimes businesses protect their logos with a trademark, instead of or in addition to a copyright. Trademarks are registered through the U.S. Patent and Trademark Office .

Trademark registration protects your logo'southward recognition by consumers and the full general public, preventing confusion within your industry. Later all, you've worked hard building your startup. Making sure that people can identify your business from your logo — and not disruptive it with other companies -- should be at the top of your to-do listing.

How to Copyright an Image

Like to a logo, you can also seek copyright protection for images. If you want to protect an epitome, y'all can file for a copyright registration application in much the same way y'all did for a logo.

For example, you tin can file an application through the U.South. mail or online via the U.South. Copyright's Part website. Like a logo, you lot'll complete the application, provide a copy of the image, and pay the filing fee. Subsequently processing and approval, you'll receive a certified copyright registration for your image. Remember, though, one time you create the image, whether you register a copyright or non, your image is copyrighted and enjoys certain protections under the law.

How to Copyright Artwork

Finally, like to a logo and an image, you tin too seek copyright protection for your artwork, filing the same way as instructed above with the U.S. Copyright Office. However, depending on the size of your artwork, you may accept to file your application via the U.S. postal service as opposed to online, as your artwork's size may also large to upload. Like your logo or image, once you create your artwork, it legally belongs to you whether you apply for copyright registration or not.

How Much Does It Price to Copyright

Although the standard copyrighting fee is $65, the filing fee can vary depending upon what you are copyrighting.  Your cost volition subtract to $45 if you file as a unmarried writer, aforementioned claimant, and 1 work not made for hire . If you lot choose to file a paper application in Pennsylvania, Texas, or Virginia, you lot'll accept to pay $125. If you lot request an additional certified registration, you'll pay $55.

Of course, these costs are based upon y'all filing for your copyright yourself, which is easy enough to practise. If you lot choose to have an attorney file for you, you'll have additional legal fees. All fees are posted on the U.Southward. Copyright Office's website.

How to Avoid Copyright Infringement

Although you relish copyright protection the moment your logo, paradigm, or artwork is created, copying, displaying, or otherwise using copyrighted works still happens -- otherwise known as infringement. Substantially, copyright infringement means someone is using a copyrighted work in some way without permission from the work's owner or creator.

For instance, some examples of copyright infringement include using copyrighted images or logos on a company website or creating trade on which copyrighted artwork is displayed. Go along in mind, though, not all copyright infringement is intentional. You could inadvertently commit copyright infringement, not knowing a similar work exists.

To protect yourself and your startup, you lot demand to understand how copyrights piece of work and what they cover. However, a skilful start to avoiding copyright infringement is non using any other original work or modifying another original work that you have not created.

Fifty-fifty if yous register your logo with the U.S. Copyright Office, the government will non typically let you know if your work is being used elsewhere. Every bit such, for your own copyrighted works, you need to law the mistaken or intentional use of your intellectual holding by others. If you believe that logo is being infringed upon, you can notify the infringing party with a Notification of Claimed Infringement , asking them to finish using your logo illegally.

If a notification doesn't practice the fob, then yous may need to take legal activity against the infringer. Under the Copyright Act of 1976 , both civil and criminal penalties are bachelor, depending upon the infringement. For example, penalties can include: "copyright infringement amercement and actual profits lost as a direct result of the infringement; ceremonious penalties of up to $150,000 per example of piece of work, in the example of intentional or willful infringement (such equally counterfeiting); statutory damages between $750 and $30,000 per detail of work infringed upon; or criminal penalties of up to $250,000 in fines per offense and upwardly to v years in jail."

Part of running a business is protecting yourself against potential copyright infringement and preventing yourself from inadvertently stepping on someone else'southward intellectual belongings rights. Intellectual property, such as copyrights, is a valuable asset of your startup. However, between growing a startup and wearing multiple hats every day as a founder, you may non have fourth dimension to police your copyrighted logo. In these instances, you should seek expert advice regarding the startup's intellectual property, allowing you to focus on the business at hand — growing your startup.

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