How to Protect Your Digital Intellectual Property in California?

In today’s digital age, it is important for both businesses and people to protect their ideas and creations that are online. Whether you are a content creator, social media influencer, or other online professional, you should ensure your work is protected from infringement or copying. Knowing how to protect your digital intellectual property in California is the first step toward ensuring you are earning what you deserve for your work.

Intellectual Property: What It Is

Intellectual property is exactly how it sounds – it is the property or output that comes from a person’s mind. It can be in the form of ideas, processes, or even inventions. Examples of digital intellectual property include logos, designs, certain phrases, software, symbols, and words.

The most common types of intellectual property include the following:

• Copyright: Copyright is a law that provides authors or creators the exclusive rights to own and make copies of their work. You may copyright works of literature, dramas, poetry, music, or other works of art.
• Patents: Rather than works of art, for example, patents are often used to protect inventions and processes.
• Trade Secrets: A trade secret is a unique technique, process, or method a person or organization may use to derive a particular product or service.
• Trademarks: A trademark could be a name, symbol, or other identifying mark that represents a company and is typically exclusively used by said company. Specifically, the Lanham Act governs trademark law.

Intellectual Property Laws in California

Intellectual property laws in California are similar to federal intellectual property laws that protect all four forms of copyright. Some of the laws under these codes include:

• Recovering up to $150,000 in damages for infringing upon registered copyrights and $750 for unregistered copyrights.
• The time frame that a copyright lasts is for the life of the author plus 70 years if the work was not published before 1978.
• Trademarks can be registered with the California Secretary of State or with the United States Patent and Trademark Office (USPTO).
• Patents are administered by the federal government and last 20 years.
• Laws for recovering damages, royalties, damages for malicious intent, attorneys’ fees, and injunctive relief for misappropriation of trademarks.

How to Protect Your Digital Intellectual Property

If you are a digital creator, you deserve to have your intellectual property protected. Failing to protect your property may mean losing money, your reputation, and the integrity of your work, as well as being subjected to legal consequences. To protect your digital intellectual property, you should adhere to the following general steps:

• Identify the type of protection you need: There are four main types of intellectual property: copyrights, trademarks, patents, and trade secrets. The type of protection you may need varies depending on the work you create, your ideas, or your processes.
• Apply or register your work depending on the type of protection you pursue: For copyrights, you may want to register your work with the United States Copyright Office, though this is not always required. You can apply for a patent with the USPTO, and trade secrets are not registered with a governmental organization but rather through non-disclosure. Trademarks are registered with the USPTO or the California Secretary of State.
• Security: Even if your intellectual property is protected, you should maintain ongoing security measures to ensure your property is not vulnerable to infringement. This may even include training employees on security measures.

How a Lawyer Can Help

It is beneficial to hire a lawyer to help you protect your digital property. Your lawyer can help you file important paperwork, ensure you have the necessary documentation, and help you with litigation if necessary. Copyright, trademark, and patent infringement are serious issues that may be met with harsh consequences.

A skilled California intellectual property lawyer thoroughly understands California’s Uniform Trade Secrets Act and Unfair Trade Practices Act and can apply their provisions to your case. The lawyers at Peterson Watts Law Group, LLP, have dealt with high-profile cases such as a federal copyright and unfair protection claim for rapper Tupac Shakur as well as litigation regarding the motto, “What Happens in Vegas Stays in Vegas.”

FAQs

Q: What Are the Four Ways to Protect Digital Property Rights?

A: There are four ways to protect digital property rights: copyrights, patents, trademarks, and trade secrets. Depending on your type of intellectual property, you may need one, two, or all of these. Generally, copyrights provide an author exclusive rights over their work. The trademark can be a name, symbol, or phrase that represents a company; trade secrets are techniques or methods for a company; and patents protect inventions.

Q: How Can You Legally Protect Intellectual Property?

A: You can legally protect your intellectual property by following one of the avenues unique to the type of copyright protection you are seeking. For copyrights, you should register your work with the US Copyright Office. Patents and trademarks may be obtained through the California Secretary of State or USPTO, and to protect trade secrets, companies should take several proactive steps, such as non-disclosures and other legal protections.

Q: What Are the Consequences of Infringing Upon Copyright, Trademark, or Patent Rights?

A: Both individuals and businesses can face legal consequences for copyright, trademark, or patent infringement. The penalty for copyright infringement, for example, may be recovering up to $150,000 for registered copyrights. Offenders could also recover statutory damages, injunctions, and attorney fees. In some cases, one could face criminal penalties such as time in jail.

Q: How Much Does Intellectual Property Protection Cost?

A: The cost of intellectual property protection varies. You may be liable for paying fees to register your intellectual property, as well as any attorney fees. Lawyers’ fees are different for each case and may depend on the firm’s location, the lawyer’s experience, skills, success rates, and the complexity of your specific case.

An Intellectual Property Lawyer You Can Trust

At Peterson Watts Law Group, LLP, we have over 35 years of combined experience litigating intellectual property cases. We take a client-centered approach to our practice, ensuring each client’s needs are attentively adhered to. Contact our office today for a consultation if you are facing intellectual property issues.