Most software programmers, photographers, game developers, and artists use licensing as a means of generating additional income from their hard work. Because the expenses associated with these pursuits often leave technical and creative professionals without a lot of revenue, licensing is usually done as a way to make additional money. However, there is one way that licensing is used that is more for promotional purposes than for income generation purposes. Many creative professionals are now allowing members of the public to download their works, but use them in a limited manner, through Creative Commons licenses.

Create Commons licenses take into account the basics of copyright law, but offer a way for users and creators to balance their needs. Instead of creators maintaining all control lest they be taken advantage of, Creative Commons licensing allows creators to dictate how users can use their works. This gives users a means of using the works of other people without forcing the creators to give up all of their copyrights. Most people think of licensed Creative Commons works as being online. Many of these licensed works are found online, but offline works can also be licensed under the Creative Commons. When a Creative Commons license is created, anyone is able to use the work as long as they use it within the parameters of the license agreement.

There are several ways a creator can control his or her work under a Creative Commons license. The attribution non-commercial no derivatives license is the one that most restricts how a work is used. This type of license allows users to download and share a work with others, provided that they do not edit the work in any way. Additionally, the creator must be credited any time the work is used or shared. The attribution non-commercial share alike license is slightly different. This license allows users to download and share the work, and it also allows them to edit it, provided that the user is not using the work for commercial purposes (e.g. editing and reselling the work as his own).

The attribution non-commercial license is slightly less restrictive. While users must credit you as the creator of the work, they can create derivative works by editing your original work, provided they are not using the derivative work for a commercial purpose. Attribution no derivative licenses allow users to download and share your works freely, for commercial or non-commercial purposes, provided they credit you and do not change the work in any way. An example would be of a photo that is sold online. The user would have to credit the creator and would not be allowed to edit the photo in any way.

Many people don't understand why creators would want to license their works without receiving any monetary compensation. The beauty of Creative Commons licensing is that the creator receives credit every time the work is shared or used. This can create excellent opportunities for the creator that he or she would not have received had they simply licensed the work to a user for money. For example, a magazine editor may see a photographer's work and ask him to do a paid photo shoot for an upcoming issue of a magazine. These additional opportunities make Creative Commons licensing an attractive option for creative professionals.

By: Gary Goldstein
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After much thought (or maybe just short inspiration), you have come up with the perfect name and slogan for your company. You start printing up business cards and using it on all your printed materials and the web. One day you are out surfing on the web and you see it. Your company name! Someone else is using that great name you came up with. What is even worse is you notice that little "TM" sign which means they have trademarked that name, which means you can't use it. Not good.

Then you write a really great article. You publish the article (either online or in print). A few weeks (or a few years) later, you find yourself reading your article. The only problem is that there is someone else listed as author! What can you do?

What can you do when you get that great name to protect it? Do you just have to worry about your company name or should you worry about product names too? What is the difference between a trademark and a copyright? Is this going to cost me a fortune? Do I need a lawyer?

Copyrights protect creative works. That includes articles, songs, books, websites, etc. You can file copyrights yourself. The process (as well as lots of other information) is found at the US government copyright site. You can file online. You don't need a lawyer to file. However, if your business focuses on copyright-heavy works (i.e., the music business), you may want to hire a lawyer to make sure all your bases are covered. The copyright takes effect on the date the Copyright Office receives "all required elements in acceptable form." So, even though it may take a while for the office to process your copyright and mail the certificate, you are still protected. There is a small fee, but it can add up quickly if you are filing a lot of copyrights. Again, if you are not comfortable doing the filing yourself or there is something else out of the ordinary for your business, consider using a lawyer.

According to the American Heritage® Dictionary, "a trademark is a name, symbol, or other device identifying a product, officially registering and legally restricted to the use of the owner or manufacturer." Remember that great name that you thought up for your company? If you put a trademark on it, no one else can take it. Filing for a trademark can be a little more complicated, mainly because you have to do a little research and make sure that no one else has trademarked the name. You can still do it yourself. The information can be found at the US government patent and trademark office. Again, there are fees involved and the process can take several months. You can file a trademark for something, even if you aren't using it yet. For example, you might file a trademark application for a product that you are developing, but haven't marked yet. However, at some point you have to prove that you will actually use the trademarked name or symbol, or you risk losing the trademark. A description of the entire process can be found on the trademark page. Again, if you are uncomfortable with the process or if you think there may be issues involved with obtaining the trademark (i.e., you know there is someone else that would like to use the name and/or symbol), you might be well advised to use a lawyer.

Although it takes a little time, effort, and money, you should consider protecting your ideas and your business, particularly if you are going to be on the web or have a reach beyond your local area. You may also want to do a search to make sure any names or symbols you might be thinking of using haven't been trademarked by anyone else before you start using them extensively. At no time is the article to be in the lieu of legal advice from a lawyer. When in doubt check with a lawyer.

By: Robin Rushlo
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Most businesses do not know that Trademark Law can also extend to colors, smells, sounds, the shape of a bottle, font styles, and the interior design of a restaurant. When most businesses think of Trademarks, they think of words like Microsoft®, McDonald's®, and Coca-Cola®.

In a nutshell, Trademark Law boils down to protecting anything that can signify or indicate that certain goods or services are coming from a particular person or business. And that "anything" can be the pink color of home insulation, the cool shape of a vodka bottle, or the unique interior look of a taco restaurant. In the first instance you could be sued for trademark infringement by Owens-Corning® if you were to purchase ordinary home insulation, dye it pink, and sell it under your own mark. You could be sued by Taco Cabana® if you were to arrange your own restaurant's interior to look like that of a Taco Cabana® restaurant. And you could also be sued by Absolut Vodka® for selling your own brand of alcohol in a bottle closely resembling the shape and curves of an Absolut Vodka® bottle.

A couple other examples of Federally registered trademarks is the sound of a Harley-Davidson® motorcycle and the AT&T® ring you hear in their commercials. For some people the sound exploding from the muffler of a Harley-Davidson® is jarring enough to give some an ear infection, but to others it is a sweet enough sound to merit a gold seal from the United States Patent and Trademark Office (USPTO). And the short and simple rings at the end of an AT&T® commercial supposedly signifies to the public the service provider for the telecommunications giant.

For these reasons, a business owner who desires to begin branding his or her goods or services should expand their understanding of Trademark law beyond that of just words. By seeing their Business Attorney who may refer a qualified Patent and Trademark Attorney, a business owner may be able to craft an intelligent branding campaign. The business may also be able to navigate the minefield of possible trademark infringement issues of which they might otherwise be aware.

A smart branding campaign should probably start with a word mark and be followed with the following: font styles, colors of the letters, logos, catchphrases, a consistent use of 1-2 colors throughout their stores, products or invoices, and perhaps scents, sounds, or trade dress where sensible and appropriate. Of course, every business will have their own special needs and many of these particular types of trademarks may not work or be applicable. However, it does not hurt to at least understand your possibilities from the start. And perhaps, more importantly, how to know where the line is to avoid infringing someone else's mark.

In order to make sure you are getting the most from your branding strategy, and whether or not a competitor's trademark may pose a possible conflict with your proposed mark, please consult your business attorney with substantial trademark experience or a USPTO registered Patent Attorney.

By: Andrew Schroeder
My name is Andrew Y. Schroeder, Esq., US Patent Attorney based in Los Angeles. Licensed to practice before the United States Patent & Trademark Office and the State Bar of California.
The Los Angeles Business Law Attorney
Patent Lawyer Los Angeles

The definition of a design can be as follows: the characteristics, ornamental or visual, manifested in a manufactured item. The design of the surface visual aspects cannot be separated from the item it has been applied to. It cannot exist by itself. It has to be a specific pattern of ornamentation on the surface of some sort of manufactured thing. The United States Patent and Trademark Office, commonly shortened to USPTO, or simply, Patent Office, looks at applications for patents and grants them depending on entitlement, Patent law allows any person to receive a design patent for an original design for a manufactured item. This type of patent is meant to protect the article's appearance only--not its utilitarian or structural features.

The Various Kinds of Designs and Modified Forms

Ornamental design can include an entire item or only a portion of one. It can also be the particular ornamentation of an article. It's possible to make only a single claim on a design patent. Distinct and independent designs have to be submitted in separate application for design patents. They cannot both be supported by the same claim. Designs are seen as independent if no relationship can be discerned between at least two articles. The distinctiveness of designs is defined by appearance and shape--that is, it is possible for two items to be related things. At the same time, it is possible to file an application for modified forms of the same design at the same time.

Design Patents and Utility Patents: The Difference A design patent is intended to protect the appearance of an item, while utility patents are supposed to protect the way in which an item is used. Both design and utility patents can be obtained for an item if there is a combination of inventions involved--both utile and ornamental. It becomes complicated, however, because it is not always so easy to separate the two. Many manufactured items have ornamental and functional characteristics.

The Design Patent Application A typical design patent application would include the following things:

(1) A preamble, mentioning the applicant's name, a title for the particular design, and also a short description of the item and what it is supposed to be used for; (2) Unless included on the application sheet, it should be cross-referenced with any related applications; (3) If research and development that has been federally sponsored, this should be stated; (4) An explanation of the drawing's figures; (5) Description of features; (6) One claim; (7) Photographs or drawings; (8) An executed declaration or oath.

There are also fees required. These include an examination fee, a search fee, and a filing fee. If the applicant for a design patent happens to be a small entity, such as a small business owner, an independent investor, or a not-for-profit organization, then fees will be reduced by 50 percent.

By: Jane Wyvern
Jane Wyvern is an established freelance writer. You can find more of her writing at patents-source.com, today-gps.com and mortgage-future.com.

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