Copyright & trademark FAQ for businesses and creatives

No. Copyright protection begins automatically as soon as an original work is fixed in a tangible form: written down, recorded, saved, or photographed.

Registration still matters. For U.S. works, you must register with the U.S. Copyright Office before you can file an infringement lawsuit. And statutory damages and attorney's fees are generally only available if you registered before the infringement began, or within three months of first publication.

Copyright protects original creative expression: writing, art, photos, music, video, software code, course materials, and website content.

It does not protect ideas, facts, names, titles, short phrases, or slogans. Names and slogans that identify a business are protected by trademark law instead.

Only the parts a human authored. The U.S. Copyright Office's position is that material generated entirely by AI is not protected by copyright, because copyright requires human authorship.

Your own creative contributions can be protected: text you wrote, edits you made, and how you selected and arranged AI-generated material. When you register, you must disclose AI-generated content and claim only the human-authored portions.

Not automatically. Under U.S. copyright law, an independent contractor generally owns the copyright in what they create unless there is a signed written agreement transferring it to you.

"Work made for hire" status applies to contractors only for certain categories of work and only with a written agreement, so a written IP assignment is the safer way to make sure your business owns its logo, website, photos, and content.

Take screenshots and save links showing the copy and when you found it, and gather proof of when you created your original. Avoid public accusations, which can create legal problems of their own.

Many platforms remove infringing content in response to a DMCA takedown notice. For larger problems, a demand letter or registration followed by enforcement may be appropriate. An attorney can help you choose the right step.

A trademark protects the names, logos, and slogans that identify the source of goods or services, such as your business or product name. A copyright protects creative works, such as your art, writing, or photos.

Many businesses need both: a trademark for the brand and copyright protection for the content.

No. Registering an LLC or corporation with the California Secretary of State and buying a domain name do not give you trademark rights. Someone else may already have rights in that name, or may be able to register it as a trademark.

A clearance search before you commit to a name, followed by a federal trademark application, is how you protect a brand.

The USPTO can refuse an application if your mark is likely to be confused with an existing registered or pending mark, and the government filing fee is not refunded.

Worse, using a name that conflicts with someone else's can force a rebrand after you've invested in it. A clearance search identifies those risks before you spend money on signage, packaging, and marketing.

Usually about a year or more from filing to registration if there are no major problems, and longer if the USPTO raises objections or someone opposes the application.

Your filing date still matters from day one: once registered, your nationwide priority dates back to the date you filed.

A California state registration covers California only. A federal registration with the USPTO covers the whole United States and provides stronger remedies.

Most businesses that sell online or across state lines are better served by federal registration. A state registration can make sense for a business that is purely local.

It can be a reasonable starting point, but it is risky to rely on without review. AI-generated legal documents often include terms that don't fit your business, miss provisions California law requires, or cite rules that don't exist.

An attorney review catches those problems before they cost you, usually for far less than drafting from scratch.

You book a time on our online calendar, fill out a short intake questionnaire, and meet with your attorney by video. Documents are shared securely and engagement letters are signed electronically. There is no need to visit an office.

You can pay per project or by the month. Flat fees start at $295 for a strategy session, $395 for a copyright registration or AI document review, and $895 for a trademark application in one class. Monthly plans start at $149 and include calls, document reviews, and discounts on filings.

Government filing fees from the USPTO and U.S. Copyright Office are separate and passed through at cost. See the pricing page for the full list.

A one-time flat fee fits a single project, such as registering one trademark. A monthly plan fits a business or creator who regularly signs agreements, publishes content, uses AI-drafted documents, or wants a lawyer to call with questions. You can switch or cancel at any time.

No. Lady Justus works only with clients located in California. We're based in Santa Clara and serve Silicon Valley and the greater Bay Area, and because every meeting is online, clients anywhere in California can work with us.

No. An attorney-client relationship begins only when we both sign an engagement letter. Please don't send confidential details until then.