When it comes to intellectual property law, the most frequently asked question is what’s the difference between copyrights, trademarks, and patents? So let me explain what each of these concepts means and what each protects. To start with the … [Read more...]
About Kelley Way
How Long Does Copyright Last?
I recently did a Q&A session with the delightful Fremont Area Writers Club, which had many thoughtful and interesting literary law questions. But, unfortunately, there was one question that we ran out of time for: How long does copyright last? … [Read more...]
What is Copyright?
Unlike some estate planning terms, like per stirpes, most everyone has heard of copyright. However, there’s still some confusion regarding, what is copyright, and what does it protect? Let’s start with what copyright protects. Copyright is … [Read more...]
Trademark FAQ
Trademark FAQ Trademark is (for me) a fascinating area of law, and I always enjoy helping clients get their trademark registered with the U.S. Patent and Trademark Office. Along the way, I’ve noticed a few questions that tend to get asked a lot, … [Read more...]
My Top Blog Posts of 2020
Editor's note: Kelley Way will be presenting "Estate Planning for Authors" on January 2. My Top Blog Posts of 2020: A Year in Review I think we can all agree that it has been a truly eventful year. All of us have been impacted by shelter in … [Read more...]
Trademark Frequently Asked Questions
Most of my trademark clients come to me with questions, even before they’ve decided to hire me. There’s a lot of confusion out there about trademarks and how they work. Here are some trademark frequently asked questions that I see on a regular … [Read more...]
Three Common Objections to a Trademark Application
Congratulations, you’ve filed your trademark application with the U.S. Patent and Trademark Office (USPTO)! You pat yourself on the back, and then turn your attention to other things while waiting for your application to process. A few months later, … [Read more...]
Fair Use Frequently Asked Questions
Fair use is a subject that comes up a lot with my copyright clients. Some of them think it’s a magic bullet that will defend them against all lawsuits (it’s not). Others are simply confused and want to know more about what it is and how it … [Read more...]
I’ve Inherited A Copyright, Now What?
Five things you should know and do when you inherit a copyright. Under the current copyright laws, a copyright lasts for the author’s lifetime plus seventy years. This means that a copyright will always outlive its creator, and it will be passed on … [Read more...]
Can I Use Other Author’s Fictional Characters in My Book?
[Editor's Note: Kelley Way will be presenting "Lessons in Literary Law: Overview of copyrights, trademarks, right of privacy/publicity, defamation, and contracts" at the BAIPA meeting on March 14 at 11 am, and "Copyright Registration Tutorial" at 1 … [Read more...]