Episode Summary – What you need to know about Copyrights & Trademarks
Meet Andrea Sager, an Attorney in the US who specializes in the modern day entrepreneur. Andrea works in Copyright and Trademark law with a focus in those working online. She understands your business model and the needs of online bloggers, e-commerce and more. In this episode, Andrea explains Copyright and Trademarks, what you need to know to both protect yourself and not infringe on someone else’s rights. This is a must know information for anyone working online.
Andrea is a serial entrepreneur that left a big law firm after realizing her true passion was assisting small business owners. While in law school, she started her first business, a women’s clothing boutique. After she sold her store and began her career as a lawyer, she quickly realized she wouldn’t be able to assist fellow small business owners, which is why she started Andrea Sager Law PLLC, a virtual law firm.
After just 7 months in business, Andrea has quickly become the go-to IP attorney for modern-day entrepreneurs. Serving almost exclusively online entrepreneurs, Andrea brings a unique experience to the legal industry with flat fee and subscription-based services.
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Key Points – Trademark & Copyrights
- Trademarks relate to your branding. Your brand name, your logo, your slogan, course names really anything that has to do with branding.
- Copyrights relate to creative works. Songs, books, movies, plays, tee-shirt designs, photos, blueprints. Anything that is original would have copyrights.
- Using other people’s photo’s and other creative works without permission is copyright infringement. Ask for permission, always.
- Some things, like a logo, for example, may be eligible for both trademark and copyright if it has the necessary creative elements.
- There is no such thing as a 30% rule. You can not change 30% of a design and call it your own.
- The best way to protect your own creative materials is with a copyright registration.
- There are many things you can do to protect yourself from Trademarks and Copyright infringement.
Takeaway Quotes – Trademark & Copyrights
“One of the big issue I’m seeing these days is a lot of people are jumping the gun and they get this great idea. They’re ready to start their business. They have a great day and they think they have a great name and then they start their business and then they find out a couple months down the road, a couple years down the road that they’ve been infringing on somebody else’s trademark, whether it be registered or common law, and then they have to change their name. They spent all this money on branding. They’ve spent all this time creating goodwill for their brand and it’s all gone to waste because they didn’t do their due diligence…”
“Photos that this is a big one. I do a lot of live videos in private Facebook groups, mentoring groups, and whenever I tell people this, they’re kind of flabbergasted and like asked me the same question in a few different ways. So listen to what I’m saying and that is anything you find on google or Pinterest is not free to use. If you use someone else’s photo without permission, that is copyright infringement no matter what. If you did not take the picture, if your employee did not take the picture, it is copyright infringement. So do not use somebody else’s photo. I’m not saying that you will automatically get sued. I’m not saying that you automatically get in trouble, but it 100 percent is copyright infringement unless you ask for permission.
Resources – Trademark & Copyrights
Andrea Sager, PLLC – www.andreasager.com
Follow Andrea: Instagram, Facebook, Twitter @andreasagerlaw
Digital Millenium Copyright Act Executive Summary