AToday's youth is confused and trying to claw their way out of a hole trying to express their individual personalities....
June 4, 2018AToday’s youth is confused and trying to claw their way out of a hole trying to express their individual personalities. Some show their uniqueness by the way they dress, some write, some even rap or sing.聽 How ever they choose to express themselves, they must be allowed to create their own empire. Let鈥檚 be real, not all children or even young adults are built for stardom, but many truly are talented. To follow their dreams is everything for them. The words a young singer places on paper are very, very real in their hearts.聽 To copyright their work is not even a thought for them. Perhaps it should be.聽
So, how do they protect and promote their music or drawings? Start by creating a marketing plan.聽 We will talk about trademark or copyright laws, and how each artist can protect their work. We will also discuss creating a business with multiple partners and extending credit to your customers.
Protect Your Works of Authorship
You notice that your child is behind her camera almost every day and on the computer editing those pictures all night long. She is passionately writing and drawing as well. What could she be up to? You sit her down to talk to her about what you believe is anti-social behavior. She opens her computer, only to reveal the most beautiful photos you have ever seen.聽 Attached to each is a short essay describing her photo. There is no bias here, the pictures are divine. She then confesses to you that she wanted to enter her photos into a contest for a scholarship to the Arts Institute. Should you be concerned about copyrighting her photos and writing?聽 The only way that your rights will be enforceable in the federal courts, is to copyright her work.聽 You child will need to create her own company where she can sell her art.
A Federal Trademark is a word, name, symbol, phrase, slogan, or combination of these items which is used to mark and distinguish goods or services to indicate their source or origin throughout the United States. Federal Trademark rights may be used to prevent others from using the same or a similar Mark in the United States.
A Federal Copyright is a form of protection provided by the laws of the United States to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works.聽 Once an original work is created, the federal copy right will begin.聽 The federal copyright in the work becomes the property of the author who created the work. Generally, only the author can rightfully claim federal copyright. With this in mind, there are some exceptions to this rule.
We make it convenient for you to submit your聽Trademark,聽Copyright聽or聽Trade Dress.聽You can complete and submit an聽order online聽with our (128 bit encrypted) secure order form. This will take, approximately, 5 minutes of your time. You can call one of our many offices聽toll free聽or you can also visit one of our many office locations. If visiting one of our offices, please call to verify attorney availability and to request an appointment.
Our staff will prepare your Trademark, Copyright or Trade Dress Registration Application based upon the information you have submitted.
Once Spiegel & Utrera, P.A. has prepared your Trademark, Copyright or Trade Dress Registration Application, it will be emailed to you for your approval and signature. Once you have approved and signed the Trademark, Copyright or Trade Dress Registration Application, you will return it to Spiegel & Utrera, P.A. along with Credit Card authorization for payment of the government filing fee.
Once Spiegel & Utrera, P.A. receives your signed Trademark, Copyright or Trade Dress Registration Application and the government filing fee from you, your Trademark, Copyright or Trade Dress Application will be filed with the government.
Upon filing your Trademark, Copyright or Trade Dress Application with the Government, Spiegel & Utrera, P.A. will give you written confirmation of the filing of your Trademark, Copyright or Trade Dress Application with the Government.
Another topic to consider, is record keeping for the sale of these photos. We already know that her photography skills are top notch.聽 聽Also, her writing skills are incredible.聽 This is the time to think about making her freelance journalism a corporation. In doing so, she could sell her photos and essays to magazines, bloggers, websites, or more.
It is important however, that she create a separate bank account for the money she earns for her work. Bookkeeping is important when you have your own corporation. By keeping bank records and credit card expenses separate, it will help to keep your business organized and on track once you see your accountant.
What do we do if she is now selling one photo and article a month to a magazine who promised payment a week after they received the photos? The company has received many of your photos., but you still have not received payment.聽 聽You want to keep the relationship with the customer.聽 You cannot continue granting them your inventory without payment. It may be necessary to sell your photos on a C.O.D. basis. This may let you know if they had any intention on paying you to begin with.
When extending your customers a line of credit, it is important to consider who they are.聽 Moving forward, you can create your own credit application to verify all the aspects that you need to know prior to extending credit to them. It is important, however,聽 that you know their personal information when it comes to finding out if your client is going to pay or not. Once you have determined the credit status of the client, you should be able to negotiate your income.
If you are a member of Spiegel & Utrera, P.A.鈥檚聽General Counsel Club聽and have business聽related questions, call (800) 734-9900 or ClubAssist@AmeriLawyer.com聽for assistance. Remember, as a member of the 聽General Counsel Club, you receive unlimited legal, business, credit and tax advice all year long.
Spiegel & Utrera, P.A. is a corporate law firm with its main offices located in Miami, Florida with offices throughout the United States. As a law firm, we do more than just help you form your business entity. We stand ready to help with the maintenance of your legal business entity! We聽will assist you with聽Incorporation Service,聽Trademarks,聽Copyrights,聽Estate Planning,聽Legal Counsel,聽Wills,Trusts,聽Agreements & Leases,聽Corporate & Company
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