Copyrights & Trademarks
Amy believes that many creators do not receive adequate compensation for their creative works because they do not have a good grounding in the fundamentals of intellectual property law. Therefore, Amy places emphasis on educating her clients on relevant copyright and trademark laws and routinely assists them in identifying and protecting their creative works.
Amy’s copyright services range from initial registration of the works with the U.S. Copyright Office to drafting and negotiating licenses for third party uses of the works to preparing take-down notices or cease & desist letters for unauthorized uses of the works.
In addition, Amy prepares federal trademark applications for a flat fee plus the requisite trademark filing fees (currently $225-400 per class if the goods/services are already used in interstate commerce; with additional fees if you only have an “intent to use” the name in conjunction with goods/services). In addition, Amy files Texas trademark applications (filing fee of $50 per class, requires the mark to already be in use in Texas). Please contact the firm to request more information on the firm’s pricing and availability for trademark work.
Are you interested in using someone else’s name, image, and/or likeness in your project? Be careful. Many states have right of publicity and/or right of privacy laws that regulate how and when a person’s name, image, and/or likeness may be used. In fact, some states (including Texas) recognize the right of publicity even after a person’s death. These rights are broadly known as “personality rights.”
Personality rights considerations are vital in the development of many creative projects, especially in the fields of merchandising and advertising. Amy understands the relevant issues and assists her clients in navigating who, when, and how to approach rightsholders to minimize risk. In the alternative, Amy may be able to assist a “personality” who believes his or her right to publicity or privacy has been violated. More information on personality rights is available here.