Blog Post

Protecting Your Intellectual Property

Kevin Fitzgibbons • Jan 18, 2023
Kevin Fitzgibbons

In today’s technological world, we have evolved from doodlers and progressed to creative artists. The power to create is in the  palm of our hands or on our desktops.


The difference from evolving from doodler to commercial artist is distributing your work into the stream of commerce. The aim of this article is to help you understand and identify various intellectual property (IP) applicable to you on a daily basis and present solutions that will enable you to protect your creations, prevent infringement, and spare you from infringing on other people’s work.


Trademarks and Trade Names. As a creative artist, you should be aware of what can and cannot be registered under the Trademarks Act of the United States. This is important for those who own businesses; for example, a person’s name cannot be trademarked unless it has a business or commercial value.
If you register the name of your business, such as, “Mel’s Arthouse” it is important to know you do not obtain the exclusive right to the name “Mel” or the exclusive rights to the word “Arthouse.” However, when you register the trade name “Mel’s Arthouse,” it is exclusive to you, and you may prevent others from using it. Similarly, should you associate a trademark with the trade name Mel’s Arthouse, and the design is an apple with a bite taken out of it, identical to Apple Computer’s mark, you would likely not be able to trademark the design, as it would infringe on Apple Computer’s rights.

Copyrighting and Protecting your Work Online. The Digital Millennium Copyright Act (DMCA) of 1998 is a federal law designed to protect copyright holders from online theft — that is, from the unlawful reproduction or distribution of their works.

The DMCA covers music, movies, text, photos, and anything that is copyrighted. More important, the law involves you. For example, if you created an original image, like taking a picture and posting it, you own it. That ownership gives you exclusive rights to display and reproduce what you create, and prevent others from reproduction or distribution unless they obtain your permission.

Today’s world of IP is boundless and at times difficult to regulate. However, by taking proper steps to ensure your work is protected the reward can be limitless. In the event you need to navigate the stream of art and commerce, we would be happy to assist you.

Kevin Fitzgibbons' law practice encompasses intellectual property law, entertainment law, and business and real estate law.
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