Hey all. I’m trying to get a freelance business of the ground, but I’m not totally familiar with the legal stuff (which is, of course, why I’m here).
How do I register my company name (for example, Google)?
How do I copyright my website? How much does it cost?
Thanks all.
~TehYoyo
Copyright is free…any thing you make has automatic copyright. Proving it is a different matter.
M avatar for example, the copyright to it belongs to me because I made it. I didnt have to do anything to get it.
Copyright laws do vary widely by your location. For example in the US while a copyright is granted when a work is created, there are significant benefits to registering:
Even though copyright protection is secured automatically upon creation, there are certain definite advantages to copyright registration. Registration establishes a public record of the copyright claim. Before an infringement suit may be filed in court, registration is necessary for works of U.S. origin. If made before or within five years of publication, registration establishes prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate. If registration is made within three months after publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. Also, registration allows the owner of the copyright to record the registration with the U.S. Customs Service for protection against importation of infringing copies. -http://www.copyright.gov/help/faq/mandatory_deposit.html
That’s great! So when it says (at the bottom), ‘Copyright 2012 vBulletin Solutions, Inc.’ that just means it’s just been registered as their work?
What about names, like vBulletin? Is that the same process? Also, how do I check that something isn’t copyrighted yet?
Thanks for the help so far.
~TehYoyo
In the US and many other countries, a copyright is created “the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device”. Stating a copyright in the footer of a website does not mean it’s been registered. In fact saying it at all is not required… it’s simply being done to strengthen the assertion of their rights so no one can claim it wasn’t obvious or that they read other rights to the work.
Unless a work states that rights are being waived or governed under a less strict license [i.e. Creative Commons, GLP, etc] it is protected with no right to republish or redistribute – fair use being a claim but not necessarily a granted protection.
Now if you want to make a claim to a name like Google, Amazon, vBulletin you would need a trademark which is a very different set of laws.
Trademark don’t require a filing either but are much stronger when you do have a registration [common law mark vs registered mark]. You can search US federal marks at www.uspto.gov although their can be state originated marks too. Filing is around $350 last I checked but while you can do it yourself, having an attorney help makes a lot of sense… just a couple word difference or the wrong class and the effective protection of your mark changes. Not everything can be trademarked either – uniqueness, novelty and fame all play a role in both registering and winning a dispute.
Remember - forums are great to discuss a theory but should not be used for actual legal advice. I’m not an attorney and don’t play one on tv.
So copyrights are pretty basic…to register one, do I need a lawyer?
Also, can I check if a name is trademarked?
Thanks.
~TehYoyo
Don’t confuse basic with simple. There’s a ton to copyright law and depending on what you’re doing and it’s value getting legal advice may be very wise. But no, you don’t have to have an attorney to register anything, it’s just a form.
Also, can I check if a name is trademarked?
Fantastic. Thanks for all the help.
~TehYoyo