Reasoning of Law:

Below you will find the questions I asked my cousin Victor Hairapetian on the phone to 10 questions over intellectual property cases.


Q_1:
How do I best protect myself from someone else stealing my artwork/design?
A_1:
First off, make sure you have a copyright; you would be surprised how many people forget that step. Secondly don’t be so open with your work, or another words, keep it strictly business.

Q_2:
What’s the first step to take if someone does steal my design?
A_2:
I would suggest writing an e-mail claiming your ownership of such IP. If they aren’t willing to accept your letter, or if they choose not to respond, then seek an attorney that deals with Intellectual Property cases.
Q_3:
Do you recommend I personally contact a company that I suspect has stolen my idea?
A_3:
After the e-mail, in matters like these it’s always best to get a hold of an attorney; there are so many things that could go wrong approaching someone directly that it could be disastrous.
Q_4:
How different (percentage wise) does my design have to be than a similar one?
A_4:
From my understanding, there is no actual percentage of what is expectable. Your work needs to be original; your work needs to be different and unique enough to where it cannot be confused with anyone else’s.
[page 196] It must be original-that is, the author must have created rather than copied it It must have at least some creativity-this is, it must be produced by an exercise of human intellect.
Q_5:
What common issues do designers usually overlook in protecting themselves?
A_5:
Well, from my experience. If you’ve created something you feel qualifies copyright protection, or another words unique and distinguishable enough. Just be weary of who you show your work to.

Q_6:
Do you recommend a lawyer review my contracts before signatures are put on them by the parties involved?
A_6:
If you don’t feel 100% sure with what the contract details, then Yes! I would recommend it.
Q_7:
Where do you recommend a designer look for a contract template?
A_7:
You could look for them online, but I’d recommend again you seeking out an attorney.
Q_8:
Is it better to use a template or have a lawyer draft an original contract for my design?
A_8:
It’s better to have an attorney create the initial draft which you could use in similar work, do this if you don’t want there to be any mistakes.
Q_9:
If I die and have a patent pending, does it become public domain?
A_9:
Depends on how long the patent is perpetuated.
[page 198] As a result of the Copyright Term of Extension Act of 1998, most copyrights for works published after January 1, 1978 last for the life of the author plus 70 years.
Q_10:
When is it necessary to trademark intellectual property?
A_10:
If you’re asking the question, at what time you should you trademark it, I heavily recommend as soon as possible.
[page 196] A creative work is protected by copyright the moment the work assumes a tangible form-which in copyright circles is referred to as “fixed in a tangible medium of expression.”