How do we Turn Our Indie Animation into Cold, Hard Cash? Part VII
One way to insure that you lose out on your cold, hard cash is to let your intellectual property out for free. If some organization can "license" your creation for free, you can be sure that they will. Ideally, before you show your works on any scale, you should make certain they are fully protected under the law.
Luckily, in today's world, a lot of this can be done online and it's not as expensive a process as one might think. Still, there are some myths abound about how to protect your work, especially for those on a budget. Beware, lest you fall into such a trap. One of these is the so-called
poor man's copyright. The idea is that you seal your IP contents into an envelope, mail it to yourself via certified mail, so that it is dated, and then never open the envelope, thus proving you have the earliest dated version of the content should you need it. Now ask yourself realistically, if a major studio stole your work, and considering the team of attorneys they would have at their disposal, do you really think this would stand up in court?
There is not a single example in existence of this method of "copyright" ever working in a court case. IN fact, it is said that a judge will not even hear your case if you do not have legitimate government protection of your intellectual property. The poor man's copyright can be faked. You could mail yourself an unsealed envelope and put whatever you want in it later. It will never hold in court. So let's talk about legitimate protection of IP.
The Library of Congress Copyright Office is available online. Everything you need for legitimate copyright of your work can be found here. The process is not hard. You put an application, a $30 payment to "Register of Copyrights.", and non returnable copies of the material to be protected into an envelope and send it to the Library of Congress. Note that they say:
Your registration becomes effective on the day that the Copyright Office receives your application, payment, and copy(ies) in acceptable form. If your submission is in order, you will receive a certificate of registration in 4 to 5 months.It's that easy. There's no excuse for letting work go out unprotected. If you are going further and creating a series, franchise or "brand", then you also need to think about trademarks. This is a bit more complex, and usually handled by an attorney, but in this age, it can online too. You can even check
the trademark office's web site for free to see if your desired brand name has been registered by someone else. Do you have to use an attorney to file a trademark? They say:
No, although it may be desirable to employ an attorney who is familiar with trademark matters. An applicant must comply with all substantive and procedural requirements of the Trademark Act and the Trademark Rules of Practice even if he or she is not represented by an attorney. The names of attorneys who specialize in trademark law may be found in the telephone yellow pages, or by contacting a local bar association. The USPTO cannot aid in the selection of an attorney.I know people who have done it on their own, and it will be cheaper to do it yourself, but services out there like
Legal Zoom can have professional attorneys do it for you at not much more expense. In my opinion, if you are truly serious about diving into this business, and you can afford it, get yourself an intellectual property attorney, and if they are any good, keep them on retainer. I also recommend reading
Intellectual Property Handbook by Michael A. Lechter, most of which recently became part of Robert Kiyosaki's
Rich Dad book series under the title
Protecting Your #1 Asset.
Once you're fully protected, you need to get your show out there in front of as many eyes as possible to make that cold, hard cash. So how do you do that?
More on that in the next post in this series...
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