A.I. is the Buzz... But Who Owns the Copyright?

A.I. this and A.I. that is growing as folks are chatting and promoting A.I. created content, logos, blog posts, and even chats… like ChatGPT.

But have you ever stopped to ask yourself, who owns the content created by A.I.?

As a business owner, this should be a big question because the answer I am about to share with you should influence your content creation strategy and your strategy to grow and own your intellectual property.

So… let’s break down the basics of Copyrights.

Copyrights are a type of intellectual property that says original created works fixed in tangible form are protected. The owner is the actual creator. Copyrights cover books, blogs, social media posts, graphics, photos, videos, gifs, music, poems, and logos.

Copyrights attach immediately (so no more mailing things to yourself if you were doing that). But filing with the U.S. Copyright Office gives you more legal rights to defend and protect your copyright creations.

If the original creator owns the copyright, then who owns creations made by an A.I. aka Artificial Intelligence?

Well…. according to the U.S. Copyright Office and a few cases…

NO ONE.

There is NO COPYRIGHT for A.I. created content.

What does that mean?

It simply means that if an A.I. created your logo, photos, blog content, anything… there is no copyright and no copyright protection. Any one can use it without permission and without your consent because A.I. creations are part of the public domain aka not private property.

Why?

Well, the U.S. Copyright Office basically says copyrights require a human element as part of the creation. Without the human creativity, there is no copyright boo.

You can use A.I. but now you know that if you want to protect your creations or logo… it is best to get a human involved, at least for now, unless the U.S. Copyright Office changes their mind and decides to apply copyrights and copyright protection to A.I. creative works.

Want copyrights? Use a human.

Not the human creating the work? Don’t forget to transfer and assign the copyrights to you or your business, or else… you still don’t own the copyrights even though you paid.

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Missy Takes On Teddy: Does she own the copyrights?

Photo Source: Sterogum

Missy has had a long career in the music business. Early on in Missy’s career, she was part of a group called Sista. Teddy Campbell, the producer, has recordings from those days and gave Missy the opportunity to buy them or he would sell them to someone else. Long story short, Teddy sued Elliot for breach of contract. That case was thrown out of court in February 2020 after Missy claimed no contract existed. Now, Missy is suing Teddy for copyright ownership of her 1990’s recordings. Her claim: She’s the lawful owner.

What does it mean if Missy is the copyright owner?

It’s a power move blocking Teddy from profiting off of selling the recordings. He can’t sell what he doesn’t own. He could, but there would be serious legal consequences.

Want to learn more about copyrights and trademarks? How to protect your creative genius from other people profiting off it, now or decades later? Sign up to be notified for when doors open to my Intellectual Property 101: How to Protect Your Creative Genius course launching in late September 2020. Get on the list and be the first one when doors open here: BIT.LY/IP101VIP

The Battle of the Reelz® : Instagram Reels May Be In Trouble

Instagram rolled out their new video sharing reels this August, but what folks might now know is that a Minnesota broadcasting company, Hubbard’s, owns a trademark for REELZ®. Now, when you own it, you protect it. Hubbard’s has filed a federal lawsuit against Facebook and Instagram to demand they stop using the name Reels. The claims: trademark infringement, trademark dilution, and unfair competition.

Basically:

1. Trademark infringement: IG is encroaching on their trademark rights to exclusivity in the marketplace aka the reason they filed the trademark

2. Trademark dilution: IG’s use of the term Reels and infringement, dilutes the worth of the trademark because of how famous IG is and distinctiveness of REELZ® trademark

3. Unfair competition: REELZ® now has to unfairly compete with Facebook and IG and potentially having people questing which one?

As a CEO, it’s important you check that you can use that name before you launch. Facebook and Instagram may be able to foot the bill for a lawsuit like this. Can you?

Sign up for the Start-up 101: Foundations Bootcamp. Learn how to do a due diligence check for the product, service, or brand name before you launch to clear it for use. ENROLL HERE: BIT.LY/STARTUP101BOOTCAMP

Got Legal Questions?

This is a popular question and one that trademark attorneys will disagree on.

Here’s my answer:

No. You do not need to trademark your business, brand name, logo, or slogan when you register your business.

First, you are starting out and many entrepreneurs make changes and pivot from their original idea in business to see what is viable in the market.

Until you are sure that the brand, logo, slogan, or business name is the one you plan to build on, save your $200+ on trademarking.

Now, if you know that you don’t want anyone to steal your idea and you are sold on it. Trademark it. Trademarks afford you with broader protection to enforce exclusivity to the use of your trademark for the class you file in.

There are two ways to file: under Section 1(a) Use in Commerce or Section 1(b) Intent to Use.

The first, you must be actually using it in commerce (business) and the second, you intend to use it. If you file under the latter, you will have to pay more fees and file additional paperwork.

So short answer: No, you do not have to file for your trademark at the same time you register your business.

Truthfully, once you know you have gold worth protecting, protect it. This is where I recommend you get a trusted Intellectual Property lawyer to help you navigate the process and file correctly. There are no refunds with USPTO.

See you next Friday for Got Biz Legal Questions?

One Woman's Business Shutdown for Infringing on Iowa's University Trademark

Article Source: The Gazette

Intellectual Property + Business Profits

A woman brought fabric with University of Iowa Hawkeye Logo on it from Joann’s Fabrics. She read the license but it was wrong. She woke up and found out her thriving business she started during COVID19 got shut down. Her website SHUTDOWN. Profits SHUTDOWN. {SWIPE to read the article}

Her argument: It’s not hurting anyone.

When you build a brand you have a right to protect it. That’s exactly what University of Iowa did.

How many face masks or T-shirt’s have popped up with famous logos on them?

Don’t get your business and profits shutdown because you won’t invest in doing it the legit... Legal Way. And for creatives making them be careful you’re not designing a mask, shirt or any product at a clients request with a logo or slogan that’s copyright protected.

Secure Your Profits by Grabbing Your Copy of Build A Legit Business and Avoid Costly Legal Mistakes like this one and many others at www.buildalegitbiz.com

Want to read a chapter of the book before you buy and still learn about trademarks, copyrights, and protecting your brand, click link in my bio or grab free ebook at bit.ly/ProtectMyBrandFreeBook

Article Source: The Gazette

What Nick Cannon’s Story Teaches Us About Protecting Your Genius?

Photo Credit: @TheWrap @MTV

Nick Cannon’s story has been circulating of him speaking out and being fired from Viacom. Well heres the thing... it appears Nick never secured his intellectual property rights to any of the shows he helped grow into a billion dollar portfolio for Viacom.

He poured his creative genius into the company and he left with no rights to it at all. Can you imagine doing the work and leaving with nothing?

If you have a podcast, you could be doing that. If you are working on your business while at your full time job, you can be doing that. There are so many ways you could be putting yourself at risk and not even know it.

Download a free copy of Protect Your Brand and Build It Wisely - Intellectual Property Edition To Make Sure That Doesn’t Happen To You at bit.ly/ProtectMyBrandFreeBook

Don’t make the same mistake Nick made.

P.S. The ebook is the intellectual property chapter from my book Build A Legit Business. If you have the book, you already have it.

3 Ways to Avoid Legal Entanglements in Your Business

Jada & Will and their marriage are the talk of the town.

Soooooo... it’s the perfect time to talk BUSINESS ENTANGLEMENTS.

Before you let another person, potential investor, collaborator, or company into the intimate parts of your business and creative ideas... get a non-disclosure agreement or a confidentiality agreement signed. A NDA prevents disclosure but a Confidentiality Agreement requires the other

party to take preventive measures to protect the information you plan to share unlike a NDA. If they breach... you may be able to sue.

Protect Your Assets & Your Profits.

#BeLegit #StayLegit

#BuildALegitBiz

On top of that, don’t steal someone else’s work. Infringing on another person’s trademark or copyright can cost you a pretty penny.

Don’t get caught up in a legal entanglement. It’s not cute and it can cost you. Purchase Build A Legit Business and Avoid Those Costly and Deadly Legal Entanglements that can kill your business and profits. www.buildalegitbiz.com