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01 April 2018

Freelancer Vs Client - Copyright and Usage Rights



Entrepreneurs often start questioning about the topic of freelancer's inventions copyright and usage rights while starting their business. They also started thinking about trademarks or copyright for their business name, domain name or logo. In today's article, I will try to eliminate your concerns by answering some questions related to Freelancer's Copyright Meaning and 3 Different types of intellectual property rights (Trademark, Patent, or Copyright) for your invention ownership

In a Few Words: What is Copyright?

Copyright and usage rights fall under the auspices of intellectual property law, where Copyright protects your authorship with work or activity, including writing, musical, dramatic or any other intellectual work such as poetry, novels, movies, songs, computer software, and photography. That means, your work will automatically be copyrighted when you publish it publicly. In other words, copyright exists at the moment the work is created.

Here, if you want to file a lawsuit against someone who violates your copyright, you will need to register a copyright. To register such copyright, you must complete a form, pay a fee and send a copy of the work at the United States Copyright Office.

What Things Are Not Included In Copyright

As a freelance designer or developer, copyright and usage rights are different, where you can not copyright any of the following topics:
  • Titles/Brand names,
  • Product names
  • Company logos
  • Slogans
  • Words, Symbols or Colors
  • Fictitious characters
  • Combination etc.
All of these elements can only be protected by trademarks. This means that you do not need to be copyrighted at the beginning if you do not want to engage in any legal case against anyone. Since you first created/published your creation, it is your copyright.

So, When Do You Trademark Your Name or Logo?

The trademark gives you the authenticity of your brand. There are different types of trademark term, and it can be combined in different ways to differentiate with personality or brand color.

In this three situations, it is right to incorporate for your company
  1. First, your company's total revenues are more than $100,000.
  2. Second, your company is being funded by investors.
  3. Finally, when your organization dealing with a business that has a high risk of liability.
In this case, if your company name is the name of your brand, then yes you should trademark your company’s name.

Here, Trademarks and copyright both give protection to your intellectual property, but they also protect various types of resources.

But, Copyright is for artistic, creative and literary works. Where the trademark protects your business name and logo - which describes your brand image. That is, both are essential for your business logo design protection.

How To Claim If Someone Violates Your Copyright?

Of course, if you create something yourself, you do not need to claim for copyright. Because the use of stolen images or anything else can understand Google search and the site will be blacklisted from Google search. Even your content may be deleted forever. That means you will not succeed by breaking the copyright and usage rights in any way.

So, how do you know if there is any content that violates any copyright and usage rights on your website?

If you have any such copyright and usage rights violations on your website, you can check that by using Copyscape website and by using this site you can also understand whether your content is anywhere else or not.

Using this link, you can claim removal from Google search and use the DMCA site for a copyright claim.

Follow the information on the post from the link below for more details:

But as a freelancer, you may have a question of claiming when designing something for your client. Because most clients/companies want to publish your work as their own work, which is normal. For this reason, you must give your client the copyright and usage rights in advance, so that he will get the opportunity to claim.

Under such an agreement, a designer is forbidden to use that image anywhere else. However, if you want to present your work or creation in your portfolio, you can request it.

Free Copyright Protection For Your Website?

You can protect Copyright and Usage Rights by accepting the free services of the DMCA for your website, picture or any video. DMCA is a Google recognized popular service. However, if you receive a better paying service, you will get success in claiming copyright and usage rights. Although free service is also outstanding in the early stages.

You must use the "CreativeCommons" service among the most significant free services. Or use two mentioned services simultaneously. Notable this service will give protection to your content as well as warn your viewers about Copyright and Usage Rights.

Do You Need a Registration of Copyright?

Of course, you do not have to register for your logo design, photographs, managing a website or for any other purpose. It is only necessary when there is a possibility of damage to copyright and usage rights for any other reason. That means, if you want to file a lawsuit for legal costs, you can register it.

But you can warn people only by adding a copyright symbol, that you own it, and they can not claim it - because it is against copyright laws.

Understanding Copyright Infringement

It's essential to understand what copyright infringement is. Copyright and Usage Rights violation is a situation when a person tries to copy a portion of your design without your permission or authority. There is no universal value for this, but it protects your basicity and keeps your work safe.

Copyright Infringement Compensation

Compensation matter about Copyright and Usage Rights is relevant. That is, when you prove that someone has copied your design, the question of compensation comes. If you want, you can ask for damages.

By filing a suit for an order, you can protect your work from copying by another party. You can even make a request in court to take serious action against the copyright infringement party. At the same time, you can claim compensation for infringing work.

Time Limit Associated With a Copyright

Since you are the owner of a copyright, it does not last forever. The timing of your copyright protection will depend on whether your work has been created and published. In other words, for the writing made after 1977, the copyrights will last for 70 years after the author dies.

Note here that before 1967 all the articles published in the United States have no US copyright, except for some sound recordings covered by state law until 2067.

However, it is also noted that in other countries the copyright period changes, but generally not less than 50 years from the date of publication or author's death. In some cases, copyright and usage rights maybe 95 or 100 years after the death of the original author.

How Do I Protect My Ideas?

No. Only your ideas are not enough. It must be presented in a file format at least, which must be presentable. Then you can patent through an intellectual property lawyer if necessary.

Bottom Line

Hopefully, I have given a complete idea about copyright and usage rights, including 3 different types of intellectual property rights (Trademark, Patent, or Copyright), which give you the entire idea about copyright protection for freelancer and client's work.
Freelancer Vs Client - Copyright and Usage Rights
4/ 5 stars - "Freelancer Vs Client - Copyright and Usage Rights" Entrepreneurs often start questioning about the topic of freelancer's inventions copyright and usage rights while starting their bu...

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