Copyrights and Trademarks, Oh My!

I want to start this by saying: I’m not a lawyer. 

And this email is certainly not legal advice, though I did have a lawyer — who is also a literary agent — review what I’m about to say before sending this out.

I hear a lot of incorrect information about publishing — mostly well intended, sometimes outdated, and often the result of a virtual version of the game Telephone where small details get misinterpreted, passed along, misinterpreted, and passed on until I hear some wackadoodle shit. 

Today’s wackadoodle whack-a-mole concerns two legal protections we all have.

Copyright and trademark.

According to the U.S. Copyright Office, copyright is intellectual property that protects original work of authorship as soon as the author fixes the work in a tangible form of expression.

In other words — an idea that remains in your mind and not written down on paper?

Not protected under copyright law.

But an idea explained thoroughly in a document, posted on a blog, shared on social media, or sent in an email like this? 

As the creator or author, you automatically own that copyright.

It can be helpful to understand that copyright is dependent on creative expression. That’s why ideas and titles aren’t covered by copyright. Neither are lists or processes or systems or principles or even discoveries, short phrases, and slogans. However, this email? Protected by copyright so don’t go stealing it. Similarly, when I ghostwrite a book or collaborate on a book proposal — I actually sign over my copyright protection to the client. In addition to buying the deliverable (the manuscript or the proposal) they are also buying my creative expression.

In contrast, a trademark is related to your business. 

According to the United States Patent and Trademark Office, you can trademark a word, a phrase, a symbol, a design, or a combination that identifies you as uniquely different from your competitors. Like copyright, you don’t have to register your trademark to own it, but applying for a trademark with the USPTO is the best way to protect it.

The tricky bit here is that you can’t stop people from using the exact same phrase or word even if you’ve formally trademarked it (because you only can prevent other folks from using it in connection with the same goods or services that you are using it with). And, trademarks need to be distinctive in order to be effective and defendable in court — or even get an official trademark in the first place.

As an entrepreneur and future author, what you need to remember about copyright and trademark is —

• It’s not necessary to formally register copyright in order to protect your copyrighted expression. 

• The publisher will handle filing copyright for your book.

• You should consider trademarking the name of your business, if you have one. 

Again — I’m not a lawyer. My intention with this email is to clarify — and encourage you to get real legal advice on copyright and trademark if you need it from an attorney. If you want a referral, hit reply and I’m happy to share the folks I work with.