Ever since downloading and sharing media from the internet became popular, intellectual property (IP) has been a hot topic. In simple terms, IP applies to works derived from human creativity and intellect. Copyrights and trademarks are the two most common forms of IP and Copyright Infringement Miami are among the most common issues. Understanding IP rights and consulting with a copyright or Trademark Attorney in Miami can go a long way to protecting your brand, your creative works, and your wallet.

Types of Intellectual Property

Before you can understand trademarks and copyrights, it is important to have a basic comprehension of the broader world of intellectual property. There are four types of IP; trade secrets, patents, trademarks, and copyrights. Each category protects specific types of information, protects against different types of infringement, and has different registration requirements and terms.

In the United States, copyrights are registered with the US Copyright Office, while patents and trademarks are registered with the United States Patent and Trademark Office (USPTO). Trade secrets are not registered with a governing body. As trade secrets aren’t officially registered, it is up to the company or individual to protect them. This is done by treating them as a secret and requiring confidentiality and non-disclosure agreements when the secret is shared with others. An intellectual property, copyright, or trademark attorney can help you protect your trade secrets.

While trade secrets will often become patents, patents are quite different. First, patents require the completion and filing of complex, official applications with the USPTO. Trade secrets are often protected only for the short-term. A patent is often the next step in protecting your trade secret when moving out of planning and into production. There are exceptions but, patents tend to apply to physical devices or products.

Copyrights & Trademarks

While patents typically apply to tangible works (e.g. devices and inventions), trademarks and copyrights typically apply to intangible works.

Copyrights, as the name suggests, deal with the right to copy, reproduce, and share creative works. While most commonly thought about in the sense of authored works, copyrights protect a wide range of literary, artistic, and musical creations. Meanwhile, trademarks protect your brand and marketing assets such as a logo or slogan. In other words, trademarks are to your brand what copyrights are to your creative works.

Copyright infringement Miami and around the world is one the most common issues when dealing with intellectual property. This is due in part to the number of creative works that exist and are created and shared daily. Often, trademark or Copyright Infringement Miami is committed innocently, but it can have a major impact on your bottom line and your brand if not addressed.

Copyright infringement can be especially rampant because works are copyrighted from the time of creation. According to the US Copyright Office, a copyright applies from the moment a work “is created and fixed in a tangible form that it is perceptible”. Examples would be when a book is written, or a song is recorded. It is also important to note that copyrights apply to both unpublished and published works. Although copyrights and trademarks are not required to be registered for legal protection to apply, there are advantages to registering both.

Finding the Right Copyright or Trademark Attorney

Whether registering a copyright or trademark or pursuing a claim for Copyright Infringement Miami, it is important to seek qualified, experienced counsel to aid in the process. A local internet search will yield dozens of results for copyright and trademark lawyers. Finding a copyright or Trademark Attorney Miami that will understand your business and creative works can take some time but, doing your due diligence will be well worth it.