Justine: Intellectual Property Questions – Follow-Up

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In case you missed it, the last time I blogged, I did a Q&A with Greg Ourada, an intellectual property attorney with Hill, Kertscher & Wharton, LLP in Atlanta, GA. He answered questions about copyright, trademark, registered trademarks, and several other related topics. You can view that post here.

A few commenters had follow-up questions and I have the answers.

Before we begin, though, a disclaimer: The responses below are general in nature and should not be considered legal advice.  Due to the highly fact-specific nature of copyright and trademark issues, you should contact an attorney if you require specific legal advice regarding a particular matter.

Now, your follow-up questions! Continue reading

Justine: Your Intellectual Property Questions Answered

copyrightWhat a week it’s been in the romance writing world! In case you missed it, there is a huge uproar over #cockygate, or the trademark of the word “cocky” in a romance series.

Background: Faleena Hopkins, the author of several books that have the word “Cocky” in the title, recently received an official trademark of the word “cocky” in a romance series in both regular and stylized (meaning in a specific font) form from the US Trademark and Patent Office. You can view her filings here and here.

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Ms. Hopkins’ stylized trademark of the word “cocky.”

Ms. Hopkins has threatened other writers whose book titles also contain the word “cocky” with a lawsuit if they don’t change their titles. She’s also reported some authors to Amazon, telling the Zon that the authors were in violation of her copyright. Amazon took down the offending books at once. Romance Writers of America has hired an IP attorney and has asked Amazon to reinstate the take downs pending a legal challenge (Amazon agreed), and former IP attorney-turned-writer Kevin Kneupper has come out of retirement to Continue reading

Justine: Protecting Your Work Before You Copyright It

79097750 - autorship word cloud concept. vector illustrationThis past Friday, I attended a free webinar by the folks who do Masterclass (I had previously taken James Patterson’s class on writing and Aaron Sorkin’s class on screenwriting). The topic of the webinar was protecting your intellectual property before you copyright it, and it was presented in large part by folks who work for the Writer’s Guild of America West (WGAW…there is a sister organization, Writer’s Guild of America East. They do the same thing, but the organizations do not share information with each other).

I had always thought the Writer’s Guild was for screenwriters only, but it turns out any artist – as long as they can put their idea/story/script/play/lyrics on paper – can have their intellectual property protected. This topic is relevant to me right now because Continue reading