If you’ve poured time, energy, and talent into creating something original, you deserve to keep control over how it’s used. Whether you’re an artist, author, designer, musician, or small business owner, protecting your work from unauthorized use is critical. Fortunately, there are proven legal tools to help you do just that. This guide explains the difference between copyrights and trademarks, when to use them, and why having an attorney to help protect your creative work in Raleigh can make all the difference.
Copyrights: Protecting Your Original Works
A copyright protects original works of authorship fixed in a tangible form. This includes:
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Books, articles, and blog posts
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Artwork and photography
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Music and recordings
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Films and videos
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Computer software
Copyright protection is automatic when you create the work, but registering it with the U.S. Copyright Office gives you stronger enforcement rights. Registration allows you to sue for infringement and may make you eligible for statutory damages and attorney’s fees.
If you’re working to protect your creative work in Raleigh, registering your copyrights adds an extra layer of legal protection and helps prove ownership if your work is copied without permission.
Trademarks: Protecting Your Brand Identity
A trademark protects words, phrases, symbols, or designs that identify the source of goods or services. Common examples include:
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Business names
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Logos
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Product names
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Slogans
Trademarks prevent competitors from using similar branding that could confuse customers. While you gain some rights by using a trademark in commerce, registering it with the U.S. Patent and Trademark Office (USPTO) provides nationwide protection and stronger legal remedies.
For businesses and creators, securing trademarks is often just as important as securing copyrights, especially if you plan to expand your reach beyond Raleigh.
When You Might Need Both
Many creators benefit from having both copyright and trademark protection. For example:
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A photographer’s images are protected by copyright, but their business name and logo are protected by trademark.
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A software developer can copyright their code while trademarking their company’s name and app icon.
If you’re unsure which applies to your situation, consulting with a local attorney can help you decide the best path forward to protect your creative work in Raleigh.
Enforcing Your Rights
Owning a copyright or trademark is just the first step. You also need to monitor and enforce your rights. This might involve:
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Sending cease-and-desist letters
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Filing infringement claims
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Negotiating settlements
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Pursuing legal action in court
An attorney can help you track unauthorized use and respond quickly if someone infringes on your work.
Why Legal Guidance Matters
While you can attempt to file copyrights or trademarks on your own, the application process can be complex. Mistakes can delay approval or weaken your rights. An experienced attorney ensures your applications are accurate, thorough, and tailored to your needs.
For creators in Raleigh, having legal support means you can focus on your work while knowing your rights are fully protected.
Work with Eldreth Law to Safeguard Your Creations
At Eldreth Law, we understand how much effort goes into creating original work—and how important it is to keep control over it. Whether you need help filing a copyright, registering a trademark, or enforcing your rights, our team can guide you through every step.
If you’re ready to protect your creative work in Raleigh, contact Eldreth Law today to schedule a consultation. We’ll help you safeguard your ideas, your brand, and your future.
