Intellectual Property Law

Intellectual Property Law Questions? Ask a Lawyer

Ask a Lawyer,
Get an Answer ASAP!

Intellectual Property Law

I want to know: How I go about copyrighting the flash cards?

Customer Question
I want to know: How I...
I want to know:
How I go about copyrighting the flash cards?
The topic is something that is a fact. I am taking that topic and putting it in the flashcards. I will have a question on one side and the answer on the other side. The question may read: How many pounds are in a kilo gram?
I will have somebody (illustrator) design the cards and the box. Do I ask the illustrator to transfer the rights over to me before designing. What is the process for that? Do they just sign on a piece of paper that I am giving this person the complete rights to the design.
I want to also register the name just like how Brain Quest has ® next to the name. Do the name, flashcards, and design of the box need to be submitted to Copyright office at the same time.
What is protected?
For example, Sylvan Learning have the following on the back of their flashcards box.
©2013 by Sylvan Learning
Cards produced by the Linguistic Edge
Package Design © 2013 by Random House Inc.
Submitted: 2 years ago.Category: Intellectual Property Law
Show More
Show Less
Ask Your Own Intellectual Property Law Question
Answered in 9 minutes by:
11/4/2015
IP Lawyer: Delta-Lawyer, Patent Prosecutor replied 2 years ago
Delta-Lawyer
Delta-Lawyer, Patent Prosecutor
Category: Intellectual Property Law
Satisfied Customers: 3,546
Experience: Patent Bar Certified
Verified

The process of copyrighting the flash cards is actually not that difficult and you can do it yourself. The US Copyright Office has made it very easy to file for copyrights online on their website. You need to have a pdf (front and back) of the flash cards...though you can do it in one document that illustrates all of the work. You have to register with the US Copyright Office with a user name. You can then go through the filing process, provide your background information (name, address, etc.), upload the file and then make your payment (which is approximately $30). The whole deal will take no more than 45 minutes...start to finish.

If you are commissioning someone to create the flash cards, you need to have an engagement contract wherein you specifically state that any and all intellectual property that is developed as a part of the commissioning of this project shall revert back to you (or our company). You can have the other terms of a standard form personal service contract and you are then protected.

Technically speaking, to register the name, you can go one of two routes. You can trademark the name (which is also something that you can do without attorney assistance online at the US Trademark Office website for $300). You can also copyright the name via the same process described above.

I suggest that you first copyright the name...you can then affix the registered insignia. If this is something that you start to sell and market, at that point you can file for trademark protection. The US Trademark Office prefers to have a mark in use in commerce before granting an application.

One other thing relative to the name...be sure to run copyright and trademark searches on the name on the respective websites to make sure that it is not already taken by someone else. This will prevent an infringement claim but is will also make sure you are not spinning your wheels on a name that is already taken as well.

Let me know if you have any other questions. Please also rate my answer positively (4 or 5 stars).

BTW, I am a licensed IP attorney with over a dozen years of experience handling matters just like this one.

Best wishes!

Ask Your Own Intellectual Property Law Question
Ask Delta-Lawyer Your Own Question
Delta-Lawyer
Delta-Lawyer
Delta-Lawyer, Patent Prosecutor
Category: Intellectual Property Law
Satisfied Customers: 3,546
3,546 Satisfied Customers
Experience: Patent Bar Certified

Delta-Lawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Alex Reese

Alex Reese

Lawyer

3,106 satisfied customers

Experienced in intellectual property law

Robert McEwen, Esq.

Robert McEwen, Esq.

Lawyer

848 satisfied customers

Licensed Texas General Practice Attorney

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

561 satisfied customers

I assist my clients with IP questions that arise in their daily course of doing business.

Thomas Swartz

Thomas Swartz

Lawyer

459 satisfied customers

Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

Ely

Ely

Counselor at Law

450 satisfied customers

Licensed attorney in private practice.

Wilton A. Person

Wilton A. Person

Lawyer

352 satisfied customers

MBA, Experienced and Knowledgeable in Intellectual Property Law

BartEsq

BartEsq

Researcher

192 satisfied customers

Juris Doctor

< Previous | Next >

Related Intellectual Property Law Questions
Trademark Clarification Question: So, I'm getting ready to
Trademark Clarification Question: So, I'm getting ready to start selling product in the next year with a company that I've recently started. I've checked the name, let's call it Lovely Lemons, and I s… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,998 satisfied customers
I just finished my 1st cd that i need to get copyrighted
I just finished my 1st cd that i need to get copyrighted asap and trademark my record label's name.how much will the copyright&trademark cost and to start doing shows,selling c.d.s,etc... legally what… read more
Alex Reese
Alex Reese
Lawyer
JD
3,106 satisfied customers
I have a question regarding the trademarks and copyright of
I have a question regarding the trademarks and copyright of Adobe Systems, Inc. I understand that their name, "Adobe" is a trademark, and the question I have is, would it be an infringement upon Adobe… read more
Alex Reese
Alex Reese
Lawyer
JD
3,106 satisfied customers
If a trademark/service is listed as dead / abandoned, can
If a trademark/service mark is listed as dead / abandoned, can someone else apply for the the mark? The business name I am looking at is 2shae. If a name such as 2shae does have a trademark, is it no … read more
Alex Reese
Alex Reese
Lawyer
JD
3,106 satisfied customers
An opposition was filed against my trademark, the case has
An opposition was filed against my trademark, the case has finally been decided and the opposition has been sustained in favor of the Opposer. What are my legal remedies now? Can I now amend the goods… read more
Alex Reese
Alex Reese
Lawyer
JD
3,106 satisfied customers
We are a U.K start up about to make both trademark
Hi We are a U.K start up about to make both trademark applications. My product designer is handling the applications. From my understanding if we apply for the trademark we would need to apply for bot… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I've come up with an idea that I would like to trademark.
Hi. I've come up with an idea that I would like to trademark. How do I go about doing a search and how do I go about trademarking the idea? Thanks.… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,500 satisfied customers
Livestrong ( Armstrong) is definitely trademarked, but can I
Livestrong (Lance Armstrong) is definitely trademarked, but can I create a piece of jewelry that is not his font that says Live Strong as two words?… read more
Thomas Swartz
Thomas Swartz
Lawyer
Juris Doctor
459 satisfied customers
I have a question about trademarking, we received the
Hi I have a question about trademarking, we received the results of our LegalZoom trademark search and want to know if we should proceed with filing the trademark based on the results. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
I have a trademark question that's pretty simple concerning
I have a trademark question that's pretty simple concerning domain names. I currently own a domain name that is www.airbnbguy.com. Does this domain name have any issues if I go live with it?… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,500 satisfied customers
I'm actually asking a copyright/trademark question. I am a
Hi...I'm actually asking a copyright/trademark question. I am a writer and small, independent publisher. I wrote a series that was published in 2005, 2006, 2007 and is actively available and selling n… read more
Robert McEwen, Esq.
Robert McEwen, Esq.
Lawyer
Doctoral Degree
848 satisfied customers
I have a trademark on website and the was infringed on by
I have a trademark on website and the was infringed on by another website using the exact same name with just a different extension on the domain . What is my legal recourse in this matter? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
How is a word plural or singularity effect trademark treat
How is a word plural or singularity effect trademark treat such as Improvement or Improvements since I can offer singular and multiple services? … read more
socrateaser
socrateaser
1,031 satisfied customers
I went through Legal Zoom for copyright and Trademark
Hello, I went through Legal Zoom for copyright and Trademark protection on my patent pending product. The U,S,P.T.O. approved "Life" on my submission for "Life Head Gear". … read more
Robert McEwen, Esq.
Robert McEwen, Esq.
Lawyer
Doctoral Degree
848 satisfied customers
I want to use an existing art as the basis of a trademark, I
I want to use an existing art as the basis of a trademark, I want to know if the new art is sufficiently modified to be not considered copy right infringement, I can send pdf of before and after … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
This question concerns trademark/copyright of street
This question concerns trademark/copyright of street photography. Hello. I live in Austin, TX. I have been working on a street photography project in which I shoot recognizable local businesses and si… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,040 satisfied customers
DMCA subpoenas are only for copyright iinfrigement what
Hi DMCA subpoenas are only for copyright iinfrigement what about for Trademark infringment … read more
Bill Attorney
Bill Attorney
law
1,429 satisfied customers
RE: difference between copyright and trademark. "Know your
RE: difference between copyright and trademark. "Know your prospective client" would be a trademark or a service mark correct?… read more
Taylor
Taylor
Attorney
Juris Doctor
212 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x