Legal Question in Intellectual Property in South Carolina
Obtaining a copyright @ minimum cost
I'm about to establish a wwwebsite for my cartoons. What are legal risks in using a copyright claim before actually obtaining one and what is the least costly way to obtain a copyright for all of my work?
2 Answers from Attorneys
Re: Obtaining a copyright @ minimum cost
Copyright registration is handled by the Copyright Office, a branch of the Library of Congress. Copyright applies upon creation of the work whether or not registered. Registration is needed to invoke the jurisdiction of the Federal Courts to enforce the copyright. Hence, registration is important and advisable. Registration is also inexpensive. The application requires only a two page form, a $20 fee and a copy of the work of art being registered. In your case, with cartoons for a website, I suggest you do not do it on the cheap. Get an attorney and do it right. What you do now may affect your protection for years to come. You did not mention trademarks, which makes me wonder if you have considered that aspect of your web site. For more information see my website at http://www.members.tripod.com/burdicklawfirm It has links to the copyright office and to articles on copyright and to ASCAP, BMI etc. Plenty of free information is available.
Do not do this on the cheap or you will likely end up with cheap or worthless protection.
Bruce Burdick
Herzog, Crebs & McGhee, LLP
One City Centre - 24th Floor
Re: Obtaining a copyright @ minimum cost
Under Federal law, you have copyright in any original
work you create and publish, automatically. Unlike a
patent, one need not apply to get a copyright in
advance. However, you can "register" your copyright
quite inexpensively by a process of sending in your
material along with an application form and a relatively
cheap fee to the Patent and Trademark Office and you
will then have a Registered Copyright on your work.
Write to me directly and I'll send you a little more information.
Keep in mind that I may be 100% wrong about everything I say,
that I'm not your lawyer, and that free advice is often worth
less than what you've paid for it, okay?
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.
Newton, MA
02459-2509
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.
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