How would I legally copyright a graphic and sell it to a consumer?

Question

I'm looking into the logo business and want to beable to deliver an original peice with peace of mind. I want it protected first by myself, then actually sell the copyright to the consumer. Does that make sense?

Answer 1

You wouldn't copyright it. Copyrights can be obtained for things of an artistic nature. This includes, of course, poetry, films, sculptures, music, fiction, etc. But can also include things that may not necessarily seem "artistic" in the general sense of the word. Copyrights can also be obtained for advertising copy, games, software programs and blueprints, to name just a few.

To protect a business logo within your industry, you would apply for a trademark.

Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry.

Of course, it's necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party.

To register a trademark, contact either your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark.

If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.

Research, research, research – this cannot be stressed enough. Read as much as you can. Here are some book titles that are relevant:

* How to License Your Million Dollar Idea: Everything You Need To Know To Turn a Simple Idea into a Million Dollar Payday, 2nd Edition by Harvey Reese
* Essentials of Licensing Intellectual Property by Alexander I. Poltorak, Paul J. Lerner
* The Licensing Business Handbook, Fifth Edition by Karen Raugust

There are plenty of free informational resources out there. Check the source box for links to articles.

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 2

Research whether copyright or trademark is right for your example. Both are government registrations with a small fee, though trademark can get more involved.

To "Sell" it you have a number of options:
- sell and transfer the ownership including the registration(s).
- license it for use by the buyer, but you retain ownership of the copyright or trademark, and you control the terms of use via contract with the buyer. This is how most software is sold.
- produce it as a "work for hire" under a contract where you are paid for labor, and all copyright/trademark ownership is with the buyer. This is how magazine articles and most advertising work is sold.
- sell individual physical copies but retain trademark / copyright. This is how art is sold.

You can easily find sample contracts for all of these on the web.

Good luck,
Scott

Answer 3

Yes, it makes sense.


You can hold copyright without registering it, just by putting the copy right symbol, a date and your name, or something like that.
For YOU to be really protected, i think you want to register the graphic/logo/whatever.

See
http://www.copyright.gov/

costs about 30 dollars.


i think that potential buyers would be a little nervous about buying the copyright from you if you couldn't prove ( by the registration records) that you owned the copyright.


It seems to me that to be able to SELL the copyright, you need to REGISTER the copyright.

However, you might want a service mark, or trademark, not copyright. i know they are different, but i don't know the boundaries, and which is which.

Answer 4

None of that content material could be usual. You should not have permission to make use of that line, nor the participant's face and make benefit off of it. To prevent court cases, your blouse designs ought to be utterly usual.