Where a medium is used to create a work, it is an IP protected by copyright law.
An image, a painting, a comic book, a novel; a sound, a riff, a song, an album; a story, a book, a play; a post, a reel, a livestream; a treatment, a script, a movie; some code, a website, a video game; packaging and even a character off the pages are copyrightable works.
Registering a copyright is like adding +1000 Buff to your work of art.
The IP Buff
Choose your IP knowledge level:
Beginner
>> What the heck is IP?
IP stands for “intellectual property”. A copyright (C) is a type of IP that protects creative works of art. A trademark (R)(TM) is a type of IP that protects a brand. In industry, “IP” is often used to describe a work’s universe and is what is published, pitched, bought, sold, licensed, and merchandized in the popular arts.
Certain creative works can be protected by additional types of IP, such as patents, trade secrets, and trade dress, which protect other intangibles as well. There is even something called a right of publicity, similar to IP, it protects someone’s likeness. That’s what celebrities license.
>> Why is protecting your IP important?
When it comes to trademark and patent law, the first in time gets the rights. If you try to market an independently created brand or product after someone else has secured the rights, you’d be considered an infringer and owe them damages ($).
For copyright, did you know that in the US, a copyright must be officially registered in order to have enforceable rights? As far as the law is concerned, you cannot defend your (C) if it’s not registered. Anyone can register a work and claim ownership. The more IP you’ve secured, the more assets you have in your IP portfolio and the more value you bring to the table. During your pitch process, studios will want to know if you’ve protected your rights.
>> Wait, what? Does that mean someone can steal my art and claim its copyright if I haven’t?
Yes, that’s correct. In fact, that’s how many people have lost the rights to their art. Someone else takes credit and makes money off of it. It’s a common predatory practice by evil doers. Once someone gets a registration to your art, it becomes very hard to prove you are not the owner of the copyright, because legally, you aren’t. That’s what the paper says.
>> INJUSTICE! I’ll fight them! Sue them!
Well, you can’t, because the paper says so. Even worse, they can now SUE YOU for using your own creation. But when you go to court, they will say they are the owner because they have the paper that says so.
>> But I have the art! I have the timestamps!
But do you have the means ($) to fight them?
>> Game over.
Let’s try again. This time, up your IP build.
>> Repeat Level with IP Buff +1000
Step 1. Create a work of art with any medium.
Step 2. Protect the art with a copyright registration. Save $.
Step 3. Enforce. Defend. Make $.
Step 4. Live to create again.
Step 5. NG+, expand your IP portfolio.
>> Vengeance.
Don’t be a Joker. NERF your IP enemies today.
(Click IP Buff to tell Attorney Wang about your project. Click Cheese if you’re ready to decimate your enemies and engage via email)
Advanced
Congratulations! You’ve got IP registrations or protected trade secrets, these are assets. Now you can monetize them.
>> How do I make money from my IP?
It depends what it is. Typically you’ll need a corporate entity. That’s an LLC, corporation, or non-profit. It’s a shield that protects individuals from certain liabilities and risks. It’s called the corporate veil and it’s your armor.
Be wary of pitching, scaling production, or manufacturing your merch without one. If you’re meeting about a trade secret or confidential information, you’ll need a special agreement in place called an NDA otherwise you can lose those rights too.
Attorney Wang can build you a robust licensing structure, handle all your merchandizing and manufacturing agreements, navigate regulatory compliance, and even negotiate your next big break. Check out her legal services pages to learn more.
Expert
You’re well versed in IP. Maybe you’re an executive at a studio, business owner making millions, or experienced artist. Maybe you need to enforce your IP rights against infringers, defend against a claim of infringement with fair use, or buy out your former partner.
Attorney Wang does a lot more than secure IP rights. She is a bona fide entertainment, corporate, tax and international trade attorney.
Attorney Wang offers a multitude of legal services across the nation. Learn more about her legal services here: