Our business attorneys at the IBC Law Firm specialize in a large variety of Internet-related legal issues and marketing services to provide our clients with the expertise and knowledge to navigate the digital world successfully. Some of our legal specialties include resolving domain name disputes and theft, trademark infringement and copyright/DMCA issues, and unfair competition situations. We also provide multiple services in internet-related business matters including affiliate marketing programs, crowdfunding platforms, high-traffic bloggers, and e-commerce companies. With us, you can be confident that you, your brand, and your business will be protected.
Basic Copyright Information
What is Protected by Copyright?
Copyright protects original works of authorship including artistic works, such as novels, songs, movies, computer software, poetry, architecture, and other literary, dramatic or musical works. Copyright does not protect ideas, systems, methods of operation, or facts, but it may protect the way these things are expressed.
How to Register a Copyright
To register your desired copyright, you’ll first have to identify the appropriate form to file, pay a $45 fee per work you want to register, and submit 1-2 copies of the work with the Copyright Office. These forms and instructions may be obtained from the U.S. Copyright Office.
Processing times vary depending on the type of copyright you’re registering, and the method you used to submit it. e-Filing takes anywhere between 6-8 months, whereas paper forms take between 8-10 months. The effective date of registration is the date the Copyright Office received the completed application, correct payment, and copy(ies) of the work being registered in an acceptable form. You do not need to wait for a certificate to proceed with publication.
Works commonly registered are usually “original works of authorship” that are fixed in a tangible form. These can encompass literary works, musical works, including any accompanying words, dramatic works, sculptural works, motion pictures and other audiovisual works. These categories should be viewed broadly and do not include names, titles, slogans, or short phrases.
In some circumstances, a logo may receive both copyright and trademark protection. Copyrights cannot protect ideas, concepts, systems, or methods of doing something, unless it’s expressed in a tangible form.
Copyright Infringement
In the unfortunate event that your copyright is being infringed upon, there are a number of protections and actions you can take to put an end to it. Enforcement actions include restraining orders and injunctions, money damages, and attorney fees. You may also choose to pursue litigation, but registration of your copyright is required for litigation for both published and unpublished works.
The most frequent copyright violations are related to computer and digital technology, like software, piracy, file sharing, illegal uploading, burning CDs and DVDs. Common defenses to copyright infringement that are important to know are the statute of limitations defense, if the infringement is allowed under the “fair use” doctrine, if the infringement was innocent, or the copyright owner authorized the use in a license.
Our Services
In-Depth Trademark Search
Ruling out all possibility of pre-existing trademarks that could hinder the approval of your trademark and eliminate all legal complications.
Preparation of Trademark Applications
Ensuring all documentation is appropriately filled out.
Filing of Applications to the US Patent & Trademark Office
Sending in all necessary documents to begin the application process.
Tracking of Applications
Keeping up with all USPTO actions on your behalf.
Keeping You Updated
Staying on top of all related activity with your application and allowing you to be in understanding of anything that occurs.
Mailing of Registration Certificate
When received, the certificate of registration will be mailed to you immediately.
Copyrighted Material
Knowing what material is copyrighted, what rights you have to use it, and how to file a copyright with the US Copyright Office.
Common Questions
Copyright Basics
What is a copyright and what does it protect?
A copyright protects original works of authorship—including written content, photographs, videos, music, software code, and artwork—by giving the creator exclusive rights to reproduce, distribute, and display their work. Copyright protection arises automatically when you create and fix the work in a tangible form, though registration provides significant additional benefits.
Do I need to register my copyright, or is it automatic?
Copyright protection is automatic the moment you create an original work, but registration with the U.S. Copyright Office provides critical advantages—including the ability to sue for infringement, eligibility for statutory damages and attorney fees, and a public record of your ownership. For any work that has commercial value, registration is well worth the modest filing fee.
How long does copyright protection last?
For works created today, copyright generally lasts for the life of the author plus 70 years. For works made for hire or anonymous works, protection lasts 95 years from publication or 120 years from creation, whichever is shorter. After copyright expires, the work enters the public domain and can be used freely by anyone.
What is the difference between a copyright and a trademark?
Copyright protects creative works like books, photos, and music, while trademarks protect brand identifiers like business names, logos, and slogans that distinguish your goods or services in the marketplace. A logo, for example, might be protected by both copyright (as an artistic work) and trademark (as a brand identifier).
What does “fair use” mean?
Fair use is a legal doctrine that allows limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, and research. Whether something qualifies as fair use depends on several factors, including the purpose of the use, the nature of the original work, how much was used, and the effect on the market for the original—it’s a gray area that often requires legal analysis.
What is the public domain?
The public domain consists of creative works that are not protected by copyright—either because the copyright has expired, the work was never eligible for protection, or the creator dedicated it to the public. Works in the public domain can be used freely by anyone without permission or payment.
Protecting Your Work
How do I copyright my work?
You can register your copyright by filing an application with the U.S. Copyright Office, which can be done online through their electronic registration system. The process requires submitting an application form, paying a filing fee (currently $45-$65 for most online applications), and providing a copy of the work being registered.
Should I copyright my website content?
If your website contains original content that has value to your business—such as blog posts, photographs, videos, or proprietary descriptions—registration can provide meaningful protection. While copyright exists automatically, registration makes it much easier and more cost-effective to take legal action if someone copies your content.
How do I prove I own a copyright?
Registration with the U.S. Copyright Office creates a public record of your ownership and serves as prima facie evidence in court that you own the copyright. Without registration, you’ll need to rely on other evidence of creation—such as drafts, metadata, or testimony—which can be more difficult and expensive to establish.
What is a copyright notice and should I use one?
A copyright notice (e.g., “© 2025 IBC Law Firm. All Rights Reserved.”) informs the public that you claim copyright in the work, identifies the owner, and shows the year of first publication. While notice is no longer legally required, it’s still a good practice because it eliminates any “innocent infringement” defense and puts others on notice of your rights.
Who owns the copyright when I hire someone to create something for my business?
It depends on the relationship and any agreements in place. If an employee creates the work within the scope of their employment, it’s typically a “work made for hire” and your business owns it automatically. If you hire an independent contractor, they generally own the copyright unless you have a written agreement assigning ownership to you—which is why contractor agreements should always address intellectual property rights.
What is a work made for hire?
A work made for hire is a legal concept where the employer or commissioning party—rather than the individual creator—is considered the legal author and copyright owner. This applies automatically to works created by employees within the scope of employment, but for independent contractors, it only applies to certain categories of work and requires a written agreement.
Copyright Infringement
What is copyright infringement?
Copyright infringement occurs when someone uses a copyrighted work without permission in a way that violates the owner’s exclusive rights—such as copying, distributing, publicly displaying, or creating derivative works. Infringement can occur even if the infringer didn’t intend to violate anyone’s rights or wasn’t aware the work was protected.
Someone copied my work—what can I do?
Start by documenting the infringement with screenshots or other evidence, then consider sending a cease-and-desist letter demanding they stop using your work. If the work is registered, you can file a lawsuit seeking an injunction, actual damages or statutory damages (up to $150,000 per willful infringement), and potentially attorney fees. If the infringement is online, you may also be able to file a DMCA takedown notice.
What is a DMCA takedown notice?
A DMCA takedown notice is a formal request under the Digital Millennium Copyright Act asking an online service provider to remove infringing content. Most platforms—including social media sites, web hosts, and search engines—have procedures for submitting takedown notices and are required to respond promptly or risk losing their legal protections.
Can I use images I find on the internet for my business?
Not without permission or a license, unless the image is in the public domain or your use qualifies as fair use (which is rare for commercial purposes). The fact that an image is freely accessible online doesn’t mean it’s free to use—most images are protected by copyright, and using them without authorization can expose your business to infringement claims.
What are the penalties for copyright infringement?
Penalties can include injunctions ordering you to stop using the work, actual damages (the copyright owner’s losses or your profits from the infringement), statutory damages ranging from $750 to $30,000 per work (or up to $150,000 for willful infringement), and in some cases attorney fees and court costs. Criminal penalties can also apply in cases of willful infringement for commercial advantage.
I received a copyright infringement demand letter—what should I do?
Take it seriously and consult an attorney before responding. Some demand letters are legitimate claims that need to be addressed, while others may be exaggerated or part of a mass-mailing scheme. An attorney can help you evaluate whether the claim has merit, assess your potential exposure, and determine the best strategy—whether that’s removing the content, negotiating a settlement, or pushing back.
Trade Secrets
What is a trade secret?
A trade secret is confidential business information that derives value from not being generally known—such as customer lists, formulas, manufacturing processes, pricing strategies, or proprietary methods. Unlike patents or copyrights, trade secrets are protected for as long as they remain secret, but only if you take reasonable measures to keep them confidential.
How do I protect my trade secrets?
Protect trade secrets by limiting access to those who need to know, using confidentiality and non-disclosure agreements with employees and business partners, implementing physical and digital security measures, and marking confidential documents appropriately. If you don’t take reasonable steps to maintain secrecy, you may lose trade secret protection entirely.
What should I include in a non-disclosure agreement (NDA)?
An effective NDA should clearly define what information is considered confidential, specify how the information can and cannot be used, establish the duration of the confidentiality obligation, and outline the consequences of a breach. NDAs should be signed before you share any sensitive information with employees, contractors, potential partners, or investors.
What can I do if someone steals my trade secrets?
You can pursue legal action under state trade secret laws or the federal Defend Trade Secrets Act, seeking injunctions to stop the misuse, damages for your losses, and in some cases attorney fees. Acting quickly is critical—the longer the information is out, the harder it becomes to contain the damage and the weaker your claim may become.
Intellectual Property for Businesses
What intellectual property does my business need to protect?
Most businesses have valuable IP worth protecting, which may include their business name and logo (trademarks), original content and creative works (copyrights), proprietary processes or inventions (patents or trade secrets), and confidential business information (trade secrets). An IP audit can help identify what assets you have and the best strategies for protecting them.
What is an IP audit and why should I do one?
An IP audit is a comprehensive review of your business’s intellectual property assets—identifying what you own, how it’s protected, and whether there are gaps in your protection. Regular audits help ensure you’re not missing valuable assets, that your registrations are current, and that your agreements properly assign IP rights to your business.
Do I need to register my intellectual property in other countries?
If you do business internationally or plan to expand abroad, you should consider registering your trademarks and patents in countries where you operate or sell products. Intellectual property rights are territorial, meaning a U.S. registration only protects you in the United States—foreign registration is necessary to protect your rights in other markets.
What is intellectual property licensing?
Licensing is an arrangement where the IP owner grants someone else permission to use their intellectual property under specified terms—such as allowing another company to use your trademark, sell products using your patented technology, or reproduce your copyrighted content. Licensing can generate revenue from your IP while retaining ownership and controlling how it’s used.
Can I transfer ownership of my intellectual property?
Yes, intellectual property can be sold or assigned to another person or entity through a written assignment agreement. This is common in business sales, mergers, and when works are created by contractors. Trademark and patent assignments should be recorded with the USPTO, and copyright assignments should be in writing to be valid.