Here is what you should know getting started: 

1. A logo can be protected by both copyright and trademark, depending on how it is used.
2. A logo copyright protects a creative design or an expression of an idea, while a logo trademark protects things that identify a business on the marketplace. 
3. As a designer this means that you can copyright protect your logo design the moment you create it. Note thought, that if you are creating it on contract for hired work, the copyright belongs to the person who hired you to create it. Registering a copyright for a logo you create can be of great importance when you are presenting a client ideas before signing a contract with them, as you can claim your rights if the client decides to take your creation and create a contract with another designer to finalise your original idea. In this case as the copyright owner you can claim your damages or payment for your work. 
4. As a business owner, make sure you obtain copyright ownership over the logo of your business using a contract for hired work with them. Whether you choose to trademark your logo or not, having copyright over it, will be crucial in case of a legal dispute. 

Having said that, let’s go see all the details around how logos are legally protected. 

Copyright © vs. Trademark ®

Copyright ©

Copyright, also referred to as “author’s right”,  is a legal term used to describe the rights that creators have over their intellectual property. Any work that has required significant mental activity to create, and is, therefore, considered original, automatically  becomes its creator’s intellectual property and is awarded with copyright. However, according to the Berne Convention, the legal framework that governs copyright globally, the beneficiary of the work is the person who has the strongest and earliest proof of ownership of it. That’s exactly who has a registered copyright and proof of ownership is so important.

Trademark ®

According to WIPO (Worldwide Intellectual Property Organisation ), a trademark is a sign that can differentiate the goods or services of one business from those of another. Such signs can be, a word or a combination of words, letters, and numerals, drawings, symbols, three-dimensional features, non-visible signs such as sounds or fragrances, or color shades used as distinguishing features – the possibilities are almost infinite.

So, as it is clear by now, both copyright and trademark protect a logo. They just protect different aspects of it. Copyright protects things a company produces. Trademark protects things that identify a company to customers and distinguishes it against rivals. 

This is also the reason why  it’s not uncommon for larger corporations to protect their identity under both trademark and copyright.

Now you might be wondering why not all businesses protect their identity and logo under both trademark and copyright. One of the main reasons is the cost. Proof of copyright ownership can be obtained easily and at very low or zero cost if you are using a service like CopyrightsWorld. 

Trademark registration can be significantly more expensive than copyright. Prices can vary a lot, depending not only on the goods and services, but also on the country or region of the business. 

One more thing you should know is that a logo without copyright or trademark registration is still protected from what is known as “common law” which is a form of legal protection for the creator of a logo or phrase, created by a business or individual to identify themselves in their industry. Just because you don’t have a trademark or copyright on your logo, it doesn’t mean you are not protected. Someone using your logo without consent, constitutes an infringement on your intellectual property.

If you find yourselves in this situation remember that you can still protect your logo in court, but you must be able to provide proof of ownership. 

To conclude 

If you are a business owner we strongly suggest consulting with a lawyer about the best option between copyright or trademark, but no matter what your case is, obtaining proof of ownership over your logo and brand identity can be a significant game changer in a court. 

Copyright infringement of digital photos differs in important ways from infringement in the markets of  music and movies. 

Opportunities for photo infringement are numerous as an infringer need not actively log into a peer-to-peer file-sharing network to infringe; one need only right-click an image found via an online search. 

It is very interesting that some infringers are unaware of the fact that they are breaching someone’s rights, or that they have any legal obligation to pay for the use of a photo. Even if they do know that they have to pay, they don’t know how much and to whom. The second fact is that infringers are typically unaware of an image’s price at the time of infringement.

While some might advocate that it’s impossible to completely prevent digital photo infringement, there are ways to protect your photos and prevent or revert their unauthorised use. 

We have picked the top five most effective things you can do to retain full control of your work – and make sure you get fairly paid.

1. Get proof of ownership by registering your copyright

When you create an original work, you are automatically granted copyright of that work, which means you can decide how it is used and distributed. 

Even though it is not mandatory, copyright registration provides valuable legal protection. It makes it easier for other people to find your protected material, and also helps you  assert your legal rights by providing date stamped evidence of the exact or approximate creation date. It can help you mitigate the risk of expensive and timely litigation, whether you are a claimant or a defendant, as you have proof of ownership. Registration is essential if you ever find yourself filing or defending an infringement lawsuit and recommended for businesses and individuals alike, who wish to protect the inherent value of their work.

Read more about the importance of copyright registration explained by General corporate lawyer Harender Branch, from UK law firm Branch Austin.

2. Use a copyright notice

Displaying a copyright notice, such as ‘© All Rights Reserved,’ has not been a legal requirement in the US since 1989. It does, however, clearly identify you as the copyright holder, thereby decreasing the likelihood it will be used without authorization and bolstering legal evidence in the case that it is.

If your photo is used online without your consent, you can assume that the user knew that the photo was copyrighted. This is a very good example of how a copyright notice can help as evidence of ownership in case of legal dispute.

3. Watermark your work

A watermark is a very prominent way of protecting your work and showing evidence of copyright ownership but unfortunately not one you can fully trust. Watermarks can be removed with a series of photo editing software and apps. 

The best method to apply watermarks is that of randomised digital watermarking. This method is based on constantly changing the watermarks’ shape and design before being applied on your photo. While it is effective it enhances an already existing challenge with watermarks which is the final design. With randomised digital watermarking, you can’t have any control over the final result and its effects on your photo. 

4. Digital sign all your photos

A very good way to have a proof of ownership is by digitally signing all of your photos. If you use this method, you can control the final outcome of your photo since it does not affect the visual of your work. In simple words, a digital signature is a photo attribute that’s not visible on your photo, until someone downloads the file. 

Upon downloading it, the user has to either not use the photo or remove the signature by cropping it out. This is a very strong evidence of photo infringement as the user intentionally breaches copyright when cropping your signature out of the photo. 

5. Use an active protection & monitoring service

While all the ways described above could work, they require your time and energy and they still don’t cover one big need. Knowing who is using your work without your consent. The web is vast and you can’t always know who is infringing your right. 

Using a copyright protection and monitoring service, such as the one offered by CopyrightsWolrd, can make the protection of your rights much easier and efficient. When you upload your file you obtain indisputable evidence of copyright ownership in your email. Then with a simple click, you can add your files for infringement monitoring and receive reports when your rights are breached. 

This way you can be certain that your rights as a creator are protected and spend more time creating more of work than worrying about how to protect it. 

Conclusion 

Photo theft is a cruel reality enabled by the technology we all hold in our hands every day and while it can be hard to eliminate it, we can find new ways to protect our intellectual property by deterrenting potential attempts or acting on the ones that have already happened. 

The law that is our reference for answering this question is the Digital Millennium Copyright  Act (DMCA). DMCA is a 1998 United States copyright law that criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works (commonly known as digital rights management or DRM). It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. The DMCA’s principal was adopted by the European Union in the Electronic Commerce Directive 2000.

Google’s Transparency report which is compliant with the DMCA is mentioning over 5 billion Urls being delisted due to copyright infringement. Along with Google, most social media have their own services for copyright infringement and takedown requests.

When the aforementioned, do not cover your case, you can send a DMCA take down notice. 

What is a take down notice?

A DMCA (Digital Millennium Copyright Act) takedown notice is a formal request by you as a copyright owner, to remove the infringed work from the website or property where it is used. 

If hosts and Internet Service Providers (ISPs) remove the content for which the take down notice was issued as soon as they are notified, the matter can be resolved. If not you should contact your lawyer or seek legal advice on how you should proceed. To do so, make sure that you have strong evidence of copyright ownership as you will need it when you engage in a legal dispute. 

When should you send a DMCA takedown notice?

You should be issuing a DMCA takedown notice if:

• You are the owner of the original work or you are authorized by the owner.
• There is no active license with the user for using  your work. This might be a good time to check on your expired licenses and whether your work was taken down upon expiration. 
• The infringer has not responded to your requests for properly licensing  your work. 
• You do not want to engage with the infringer.
• The person or business infringing your work is unlikely to pay for a license or compensation.

What do you want to achieve?

Like with all things in life, you should think about sending with a clear intention. Answer to yourself, “what do I want to achieve?” Do you simply want your work to be taken offline, or do you want to create a license and create an opportunity to increase your income? Is this a case from which you could claim damages?

Knowing what you want to achieve will allow you to decide upon the best course of action and get the desired outcome. 

Remember that visual and text based work is easily infringed since users  don’t need to log into a peer-to-peer file-sharing they can simply copy paste or right-click to download. As a result some infringers are unaware of the fact that work at state is protected by copyright laws, or that they have any legal obligation or even the possibility to pay for the use of it. You might be surprised how many people might be willing to license your work. 

If what you want is just your work to be taken down then go ahead and send  a takedown notice. But if you are interested in creating some new revenue sources, then you might want to aim for licensing. 

Conclusion 

Whatever you decide to do, one thing is for sure: You will need strong evidence of copyright ownership. And  you might want to do it as soon as you create your work before even sharing with anyone. Copyright basics still apply in the digital world. The person who wins is the one with the strongest evidence at the earliest time.  There are online copyright registration services available that help you do just that. There are some, like CopyrightsWorld, that also provide infringement monitoring services, that allow you to know when someone uses your work without permission. 

This week’s post looks at three well-known copyright infringement cases involving tech giants battling each other over ownership rights.

Apple vs. Microsoft

The battle between these two tech giants began with a simple question: “Who invented the graphical user interface (GUI)?” That’s because the company that controlled the interface of the next major operating system would be the one to set the standards for application software. Unsurprisingly, Apple tried to stop Windows from becoming a major operating system.

Although Microsoft helped develop Macintosh, Jean-Louis Gassée, who had taken over from Steve Jobs at the time, refused to allow Microsoft to use Apple’s software. Bill Gates pressed on nonetheless, deciding to add in features of his own.

When Gassée saw the software, he was enraged but didn’t want a lawsuit, so he ended up agreeing to license the interface. However, Windows 2.0 turned out to be almost identical, and Gassée believed this to be a breach of contract. You see, Apple had only allowed its software to be used on Windows 1.0 – and not future versions.

So, without warning, Apple filed a lawsuit against Microsoft in 1988. This lawsuit contained 189 visual displays that infringed copyrights. This led to a six-year legal battle, culminating in 1989, with the court ruling that 179 of the 189 disputed displays were covered by the existing license, and the remaining 10 did not violate Apple’s copyright. 

This was due to what is called the doctrine of merger – where the idea and the expression of the idea are separate. The same idea can be expressed in countless ways. 

The court ultimately ruled in Microsoft’s favour on August 24, 1993.

Case: Apple vs. Google

Apple is no stranger to court proceedings, especially against Google. Steve Jobs repeatedly called  Android a “stolen product” that he was “willing to go thermonuclear war” over.

Things got so heated between Apple and Google that former Google CEO (and current chairman) Eric Schmidt stepped down from his position on Apple’s Board of Directors.

When Apple sued Samsung in 2010, Google had to step in and help Samsung partly due to a ‘Mobile Application Distribution Agreement’ that gave “partial or full indemnity with regard to four patents.”

At the same time, Motorola sued Apple, accusing the tech giant of infringing several patents, including how cellphones operated on a 3G network. On the other hand, Apple claimed that Motorola violated its patent to certain smartphone features.

The copyright case was dismissed in 2012, on the grounds of insufficient evidence, when Google acquired Motorola. 

So far, frustrated judges have thrown out the Apple vs Motorola case three times, telling them to solve their problems between themselves.

Apple didn’t’ attack Google directly, but instead went after companies selling Android devices. Yet, the search giant has always been very intent on defending Android.

In 2014, Apple and Google released a joint statement saying that it had agreed to settle all patent litigation with Apple and would even “work together in some areas of patent reform.”

Case Apple vs. Samsung:

The Supreme Court presided over a few major technology cases in 2019, but in one of the most important ones, it reversed a ruling that found Samsung liable to pay its profit from the entire line of Galaxy phones in 2011. 

The devices were found to infringe on Apple’s design patents that cover the front of the phones, and the arrangement of icons on the home screen. 

In this case, Justice Sonia Sotomayor noted that owners of design patents won’t always be entitled to the total profits from the infringing product. For example, the device has different components, so the award may be limited to specific infringing features. 

Chief Justice Roberts argued that “the design is applied to the exterior case of the phone” – and not “all the chips and wires.” Therefore profits shouldn’t be awarded based the phone’s full price.

Apple in turn argued that design is central to many products and therefore a patent violator should hand over the full profits from infringing designs. Samsung, on the other hand, argued that penalties should be proportionate to the importance of the infringing features to the actual product. 

The Supreme Court decided that things are not so clear-cut, as a liability in design patent cases doesn’t necessarily have to be “all-or-nothing.” Therefore, Apple and Samsung will have to go back to court to figure out what the appropriate amount of damages should be.

All too often it boils down to a case of ‘their word against yours’. Without proper protection, something you have created could end up making money for someone else.

So, what can you do in order to enhance your copyright ownership rights and be prepared for any case in the future?

Copyright Registration is the answer.

Here’s why it’s important to register your copyright as soon as you have completed your creation process.

Create Public Record of Ownership

Copyright registration creates a public record of your ownership. And ownership is the most common dispute when it comes to copyright. Also, the public screening of you copyright registration will discourage potential infringers and protect your work. A public record that demonstrates a claim to copyright will go a long way to demonstrate ownership in the event such ownership is challenged in the future. This public registration is a vital protection of the value of your copyrighted content.

Ability to File an Infringement Lawsuit

In many countries, you will not be able to commence a copyright infringement lawsuit without possessing a registration of your copyright. Therefore, registration provides additional credibility when/if the copyright owner is forced to serve a cease-and-desist letter on an alleged infringer. By registering the copyright of an original piece you validate  it and evidence the date of creation. Different countries have different rules on registration and even where countries do not have laws on registration, registering your copyright on an independent website is recommended as it will assist in collaborating the date of creation.

Presumption of validity of your copyright

In an infringement action, put very simply a copyright owner must establish (1) ownership of a valid copyright, and (2) copying of the original elements of the copyright. If registration was obtained either before publication or within five years of publication of the work, the registration certificate will constitute prima facie evidence of the validity of the copyright and the facts stated in the certificate (e.g., the author and date of completion). This means that rather than having to prove that you are the owner of a valid copyright, the court will presume that you satisfy the first element of copyright infringement and it will fall to the defendant to show otherwise. This presumption of validity can be especially advantageous when seeking immediate injunctive relief, such as a TRO or preliminary injunction.

Timely registration can enable the creator to seek damages for post-registration infringements.

Registering your copyright immediately after completing a creation is very important. Early registration enables a copyright owner to seek damages, lawyers’ fees and costs for infringement that occurs after the effective date of registration.

Licensing rights

If you have copyrighted works that have attracted the interests of other parties, you can explore your licensing options to make sure you can financially benefit from their use. Licensing is a legal authorisation from you to another party that permits them to use some (or all) of your copyrighted works. 

Summary

As you can tell, even though it is not mandatory, copyright registration provides valuable legal protection. It makes it easier for other people to find your protected material, as well as helping you to assert your legal rights by providing date stamped evidence of the exact or approximate creation date. It can help you mitigate the risk of expensive and timely litigation, whether you are a claimant or a defendant, as you have proof of ownership. Registration is essential if you ever find yourself filing or defending an infringement lawsuit and recommended for businesses and individuals alike, who wish to protect the inherent value of their work.

About the author

Harender Branch is a partner at UK law firm, Branch Austin – hkb@branchaustin.com. This blog is for information purposes only and should not be construed as legal advice or creating a formal relationship. No liability on the part of Copyrightsworld or Ms Branch attaches to any reliance placed on this blog and you are encouraged to seek legal advice if you have any queries. Copyrightsworld is able to recommend specialist lawyers to you, if needed.

#1 Ideas can be copyright protected.

Ideas may be the most important part of being creative, but they can’t be “stolen” as they technically don’t belong to anyone. That’s the reason why they also can’t be copyright-protected. By “ideas,” I don’t mean patent ideas and inventions, of course, which also can’t be copyright protected. 

They can be trademarked and registered as patents. Either way, I think you know where I’m going with this: Many people can work on the same idea, and produce a totally different result. An idea can’t be copyright protected because it doesn’t mean much unless you put the work into making it a reality. An idea needs to become “tangible” for it to be copyright protected. 

The Pareto rule of 20/80 suggests that it’s 20% idea and 80% execution, and if you take a moment and think about it you’ll see that it’s true for you as well. 

An idea is conceived at the speed of light, yet an artist puts hours, days, and months into making that idea a reality. It is work and energy that make a creation significant – not the idea. 

Furthermore, the idea that inspires an artist to create a work of art can be dull or seem insignificant to others. 

We all have an unreasonable fear of sharing ideas and having them stolen. As far as I’m concerned, that actually limits creativity – and does not enhance it. 

#2 Copyright is automatic, so why register? 

Copyright is indeed “automatic”, but copyright registration is not. According to the Berne Convention, the legal framework that governs copyright globally, copyright is awarded automatically when a work is created after significant mental activity. 

However, the beneficiary of the work is the person who has the strongest and earliest proof of ownership of it. 

That’s exactly why registering a copyright is so important. It generates evidence about who the owner of the copyright is and when this copyright was claimed. 

Therefore, while timing is important, the proof of copyright also needs to be indisputable. Without registration, there is no evidence that can stand in a court of law when disputing ownership. 

#3 Copyright registration is useless, I’ve never used it in my life. 

Copyright registration is only “useless” if a creator considers their art a hobby. If they want to make a living, copyright registration is not only useful but necessary. It’s their ticket to generating revenue from their intellectual property. 

Having proof of copyright ownership over a creation allows an artist to claim damages in case of infringement, and perhaps most importantly, allows them to license their work – or even sell rights to it. 

An artist can own the copyright, but might not own the evidence of this ownership. When two artists claim to both own the copyright of a certain creation it will be one’s word against the other. 

And what happens when two people co-create a work of art, which then becomes famous? 

In the beginning, both are happy for the collaboration and proud of the work they created. They’re not thinking about what will happen if their work becomes a source of revenue for them. 

The story often ends in disagreement, lawsuits, and debates that take time, and are usually settled with compensation – and a significant amount in legal fees. 

All because there was no proof of copyright stating who the owner or co-owner is, and to what extent. 

#4 Copyright registration by sending it via mail or email to oneself. 

Sending yourself proof of ownership for your creation in a self-addressed envelope (or via email) is a way to gather evidence. It’s known as “poor man’s copyright,” as it’s very cheap. However, it’s also very weak, as it can easily be hacked and manipulated. 

The best way to acquire indisputable proof – if you don’t want to involve your lawyer –  is to trust a service like CopyrightsWorld, which has the technology to provide proof easily and reliably. 

Our platform uses blockchain technology to generate a Certificate of Ownership – an indisputable proof of ownership – allowing a creator to claim damages in case of infringement, or generate revenue by licensing rights. 

#5 Copyright registration is expensive and time-consuming. 

This claim was relevant some time ago. Copyright registration required a long bureaucratic process and a lot of paperwork needing to be filled. Less savvy people couldn’t even do it alone. 

This made the use of a lawyer – or a legal representative – necessary, adding significant cost to the process. 

It is not true anymore, and especially for digitally-created work. Furthermore, there are many very credible copyright registration providers out there that can provide you with a proof of ownership in minutes – and at a very affordable cost. 

We take pride in being one of those providers. We also go one step further, however. While we provide indisputable proof of ownership in just minutes, we can also help you monitor who uses your work, leading to possible revenue opportunities. 

To conclude, it’s very important for all creators to become more aware of their rights, find the most suitable ways to protect their work, and be able to make a living from it. 

To do so, they need to educate themselves further, believe in the value of their work, and take actions to protect their intellectual property. 

The digital era has come to provide opportunities to do this easily, reliably, and affordably. 

Bio 

Georgia is a digital marketing professional who has worked in content marketing for the past 8 years. Seeing copyright infringement take place in digital content, over the years, made her decide to join CopyrightsWorld – a platform that provides services for copyright registration, digital asset protection, and infringement monitoring – and work on offering creators ways to protect their works in the digital era. 

Sources: 

1. Different brain structures associated with artistic and scientific creativity: a voxel-based morphometry study,  https://www.nature.com/articles/srep42911