Philadelphia Business Lawyer Sarah E. Holmes
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Upcoming Copyright & Trademark Presentation

4/14/2014

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Manayunk Roxborough Art Center located at 419 Green Lane (rear) in Philadelphia is offering a special humanities program, " Sarah E. Holmes - Talk on Copyrights & Trademarks"  on Monday, April 21 from 7:00 to 8:30 PM. Refreshments will be provided.

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New! Copyright and Trademark Packages!

2/27/2014

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Need to register a trademark and a few copyrights but not sure where to start?  I'm now offering a copyright and trademark registration package for small business owners.
For a flat fee, I'll perform a trademark search, register one trademark, register up to ten copyrights and advise you on your intellectual property needs!  Contact me for details.

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The Importance of Copyrights

1/25/2014

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A great article ran last weekend in the Philadelphia Inquirer about piracy on the web of artists' images. 

If you're a photographer, it's crucial to insert a watermark or other unique attribute into your images when you post them to the web. 
This will make it much easier to determine when an image has been improperly pilfered by another party and possibly allow you to claim additional damages if the watermark is tampered with. 

Images can also be registered with the U.S. Copyright Office for $35 each. 
It's also best to register the copyright before the image or work is released publicly.  For example, if you have an art show coming up, register your works within three months of your show to get the best protection.

When in doubt, consult with a small business lawyer about what protections you may need.


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Put a Bird On It - But Only If It's Not Infringement

9/12/2013

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Portlandia- Put a Bird On It
In the above episode of Portlandia, the characters mock the phenomena of putting a bird on something and calling it art.  If you make products for sale using images that you did not create, there are copyright implications to consider.

Go to a craft show or browse crafty websites and you will find many products for sale using images not created by the seller.  If you find a drawing, image, illustration or other picture you'd like to use on products for sale, you need to research the copyright.  For example, say you found a drawing of a bird in a recent book.  You like the drawing and photocopy it to use on a tote bag that you intend to sell to others.  In most instances, unless you can make a "fair use" argument that you are using the copied bird for comment, criticism, news reporting, teaching, scholarship, or research, you may have committed copyright infringement. 

Many non-lawyers will tell you that instead of copying the bird, if you simply cut the image out of the book and use it directly on an object to sell, it is acceptable under the "first sale" doctrine.  That is not necessarily true.  The original copyright owner also has rights to any "derivative" works using the image.  Courts have split under different fact scenarios as to what is a derivative work and when a new work is protected by first sale.  Ultimately, it is up to a court to determine what is "fair use" and what is not if a dispute occurs and there are no bright line rules.  In considering whether to use images created by someone else in your products for sale, carefully evaluate the copyright considerations and seek legal counsel. 
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    Author

    Sarah E. Holmes is a Philadelphia business attorney and strategist that helps start ups and established businesses looking to expand, protect their assets and increase their profits in an approachable, down-to-earth way.  When you're looking for a business lawyer near you, we offer several convenient locations.

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Holmes Business Law, P.C.
​Two Convenient Locations- Main Line and Center City
40 E. Montgomery Avenue (all mail)
4th Floor
Ardmore, PA 19003
and
2 Penn Center
1500 JFK Blvd, Suite 312
​Philadelphia, PA 19103

215-482-0285
 

info@phillysmallbusinesslawyer.com

All site content is subject to copyright 2019 by Holmes Business Law P.C.
This website and its content herein constitutes attorney advertising.  Any content on this website should be construed as informational, not legal advice.  No information on this website is intended to create an attorney-client relationship.  Only a signed fee agreement between Sarah E. Holmes and the client will establish an attorney-client relationship.  Use of any information on this site is provided "AS IS" with no warranty of any kind, either express or implied.  Always consult with a licensed attorney in your own state for legal advice.
Photo used under Creative Commons from AK Rockefeller
  • Home
  • Attorneys & Areas of Law
    • Business Purchase or Sale
    • Raising Capital & Investor Agreements >
      • Promissory Notes and Debt Financing
      • Private Placement and Equity Financing
    • Business Contracts >
      • Independent Contractor (1099) Agreements
      • Website Terms and Privacy Policies
    • Copyright & Trademark
    • Hiring Employees/NDA/Non Compete
    • Estate Planning & Wills
    • Real Estate
    • The Right Start Program
  • About
    • Speaking and Events
    • Client Testimonials
    • Privacy Policy/Terms of Use
    • Contact
  • Business Success Tips
  • Flat Fee Packages
    • New Businesses
    • Existing Businesses
    • Dispute Resolution
    • Trademarks & Copyright
    • Estate Planning