Legal Question in Intellectual Property in Massachusetts

arts mag -answers to Mr. Graves

Thank you for your reply. I did not register the publication with the US copyright office (just learned about this process.) I did register the business with the town- as required- five years ago and have included a copyright on the masthead in the five years we have been annually published. I thought that actual prior publication of the guide and use of the copyright symbol would provide some protection. The ''community'' (in terms of town funds) has no stake in the funding or publication of the book. The guide is paid for with advertiser dollars from individuals and businesses. We design the ads as well as the layout.


Asked on 1/29/09, 3:25 pm

1 Answer from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: arts mag -answers to Mr. Graves

OK. First step is to analyze whether the copied elements are protectable. You should show both your work and the infringing work to an attorney. Bear in mind that you also may have trademark rights (since you have been using the publication in commerce) if there is any kind of slogan-like text, and conceivably a trade dress or passing-off claim if the appearance is sufficiently distinctive.

Best wishes,

LDWG

P.S. Follow-up posts to the site are discouraged; you should contact responders directly.

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Answered on 1/29/09, 4:22 pm


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