Copyright and trademark from filing to enforcement: registration, fair use, duration, the first sale doctrine, and what AI-generated work can claim.
17 articles in this topic
Can AI-generated works be copyrighted? The Copyright Office denies purely AI output protection but allows AI-assisted works with human creative control. Full 2026 guide to the case law, USCO guidance, and AI-training fair use rulings.
The first sale doctrine (17 USC § 109) lets you resell, lend, or gift copies you lawfully own — but digital files and licenses complicate the rule.
What is a patent? Learn how U.S. patent law protects inventions, the three types of patents, and the requirements for obtaining patent protection.
Copyright protection attaches automatically the moment an original work is fixed in a tangible form under the Copyright Act of 1976. This post explains why registration and copyright notice still matter even though neither is required for protection to exist.
In this post, I discuss how to conduct a copyright search to discover what works have taken advantage of the protections of registration.
In this post, I discuss the requirements for maintaining a trademark after registration, including the filing requirements to keep it protected.
The USPTO doesn't require an attorney for trademark applications, but errors can mean denial and lost fees. A lawyer can run searches, handle Office Actions, and protect your mark.
Trademarks protect goods while service marks protect services, but both receive identical legal protection. Correctly classifying your mark matters when filing with the USPTO.
U.S. copyright law protects foreign works under nine specific conditions tied to the Berne Convention and treaty obligations. Registration is still recommended regardless.
How long copyright protection lasts under U.S. law — the post-1978 life-plus-70 rule, the 95/120 rule for works for hire and anonymous works, and the patchwork of pre-1978 renewal rules.
Copyright Fair Use
What is a copyright? Learn how the Copyright Act of 1976 protects original works and grants authors exclusive rights to reproduce, distribute, and display them.
In this post, I discuss the process and benefits of copyright registration and how it can provide greater protections to your intellectual property.
Every USPTO trademark application must state a filing basis. The two main bases — use in commerce (15 U.S.C. § 1051(a)) and intent to use (§ 1051(b)) — differ in timing, documentation, and the path to registration.
After filing with the USPTO, your trademark application faces examiner review, possible office actions, and publication for opposition. The full process typically takes 12 to 18 months.
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