Legal Question in Intellectual Property in Georgia
I'm trying to start an online business like a social network website for art. Users can upload art, browse art and interact with other users. I have a name, a logo and everything. How should I go about copyright and trademarks, what would work better for me? Should I go ahead and get an LLC? Will an LLC fix all the copyright and trademark problems? I don't actually make profit, sale anything or have an staff so I'm not sure if an LLC is really needed? I will get ad revenue and sponsorship though.
3 Answers from Attorneys
Based on your questions you should definitely speak with a local business and IP attorney. First, whether you have copyright or trademark rights depends on the thing you are referring to. You cannot choose which intellectual property protection applies. And whether you form an LLC or incorporate has nothing to do with what intellectual property rights you may have. Incorporation/LLC will provide liability protection, but only if they are set up and maintained properly.
If you would like to discuss any issues further, please feel free to contact my office. The link to my contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Any attorney will say a personal consultation is appropriate, given these various issues. Consult with a good I.P. attorney in your area for specific advice.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
Copyrights are meant to protect creative works, and they attach automatically upon creation. Nonetheless, there are certain advantages to registering a copyright.
Trademarks, on the other hand, are meant to prevent confusion among the public as to the origin of a product. It may be a good idea to trademark the name of your business and social networking site.
Last, a LLC is separate from the trademark/copyright issue, but generally speaking, it's almost always a good idea to choose a corporate form such as a LLC or s-corporation to protect your interests and shield yourself from personal liability. This is true even if you don't have any employees.
Spending a bit of time to ensure your venture is properly established now could save you a lot of time, money, and frustration in the future.
I would be happy to assist you. Feel free to contact me at 404-939-2742 or [email protected].
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