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Other >> Copyright Forum >> cards and designs: copyright?
(Message started by: k_p on Apr 19th, 2004, 5:24pm)

Title: cards and designs: copyright?
Post by k_p on Apr 19th, 2004, 5:24pm
Im starting my own card business, I know I should have the name of my business or logo copyrighted, but do I need the design on my card to be copyrighted as well? If so, what are the necessary steps to get this done? The company and the designs. And if each card has a different design, does this mean I have to have each design registered?
Thanks
k

Title: Re: cards and designs: copyright?
Post by Dave41 on Apr 20th, 2004, 10:43am
The logo and name of your company would be trademarked not copyrighted (though the logo may also be copyrightable). If you haven't already, you should probably do some research to ensure that the name and logo you have selected are not already in use by another person/company in a similar line of business.
As for the designs of your cards, your work is copyrighted once you fix it in a tangible medium (physically create the design rather than have the design in your head). You can register the work and registration gives you some rights that you would not otherwise have.

Title: Re: cards and designs: copyright?
Post by k_p on Apr 20th, 2004, 5:17pm
Thanks for your response! So, I have to have my logo copyrighted, but my designs are already copyrighted once I put it onto the card itself. Does my design itsleff have to have a "C" next to it? Or can i just add a line of copy on the back letting people know the design has been copyrighted?
Oh, and how do I find out if someone already has my name or the design? Is there a site? Or do I have to hire someone?
Thanks once again.

Title: Re: cards and designs: copyright?
Post by M_Arthur_Auslander on Apr 21st, 2004, 5:30am
Yes. You should know what your doing, if you are in business, how to protect what you have with a trademark and copyrights and how to save money on copyrights even though they are basically inexpensive.
Better avoid trademark infringement too.

Title: Re: cards and designs: copyright?
Post by Dave41 on Apr 21st, 2004, 11:34am
Your logo does not need to be registered either. If the logo is sufficiently creative, it will receive copyright protection once you "fix it in a tangible medium," or make a physical respresentation of the logo.
You can do a trademark search yourself. However, an experienced lawyer may offer more peace of mind that the search was done thoroughly. Perhaps you should do a preliminary search on your own and when you feel you have a good name/logo, you should go to an attorney.
You can start by searching at the Patent and Trademark site www.uspto.gov. You should also look up your state's trademark registry and do an internet search for companies with a similar name.

Title: Re: cards and designs: copyright?
Post by k_p on Apr 21st, 2004, 7:22pm
Thanks so much for all of your help, I will go to www.uspto.gov and just make sure I take all the right steps to copyright or trademark everything, I'd rather not in trouble with my logo or my designs!

Thanks to all of you!
k

Title: Re: cards and designs: copyright?
Post by M_Arthur_Auslander on Apr 24th, 2004, 7:10am
Dear Dave41,

I don't say this just to drive you to a lawyer but if you have anything that is good an likelly to last, it is well to start with a lawyer, one familiar with the particular law and one you can trust.

I had a client that was growing. They decided that the mechanics of copyrights and trademarks was simple enough for them to do it themselves. In fact it is. The problem is that the subtleties of the law can't show up to the inexperienced user.

The client came back even though they had been able to do much themselves.

This is where ELAINE's Workshop® E arly L egal A dvice I s N ot E xpensive™ came from.



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