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Writing and Publishing, Part 22:
Becoming your own publisher:
Copyrights and Trademarks:
You don't need an attorney!!
This may make a great number of attorneys angry but it's nonetheless
true. For copyright registration and trademark registration, "YOU
DO NOT NEED AN ATTORNEY." I have registered five copyrights.
I also have a registered trademark. Our name, "Wesoomi Publishing®"
is registered in my name and can legally be used by no one except
me. I did all this registration on my own with absolutely no help
from the legal profession.
This is not to say that it's easy. The controlling laws, after all, were written by lawyers. Attention to detail is a must and the process is time consuming. There is the direct effort in filling out the forms. Then there is the waiting. The wheels of justice do indeed turn slowly. A copyright takes 6 months or more.
The nice thing is, in my experience, the government is not against us in obtaining these legal protections. They put no extra obstacles in our way. No one tried to stop me. In fact, quite the opposite. When I applied for my trademark registration, I waited a very long time. Then one day, I received a letter from the trademark office in Washington, DC. I was excited until I opened it. It seems I had not got the syntax quite right in my application. I thought, "Oh boy! Here it goes. A typical government stonewall. I won't get my trademark."
Was I ever wrong! I did not understand what I had not got right,
so I did something I rarely do. I made a phone call while I was
still upset. Amazingly, I got right though to the fellow who had
sent the letter. Fortunately, I was so surprised, I forgot to
be upset. The gentleman (Mr. Clarke) was completely friendly and
helpful. In a few minutes, he took care of the whole problem.
A nightmare had become a pleasant experience. Isn't it strange
how often that happens when we confront a problem?
I did not have to reapply or do anything at all. Mr. Clarke told
me he would make the necessary changes in my application and send
me a confirming letter. I needed to do nothing unless I disagreed
with the letter. I did get the letter in a couple of days. Then,
a few months later, I received a very beautiful certificate of
registration which I clutched to my breast like some dumb teenage
kid with his first love note.
For my copyrights, it was not even that difficult. I managed to get the forms filled out correctly, in the first place. The first one was the most difficult. After that I just copied the form of the first one. It felt almost like cheating on a test. After sending in the forms it was only a matter of waiting, and waiting, and waiting. The copyrights finally do come.
Alright, here is the part you want to know. Where do you get the basic information so you can do it? There are not one, but at least two great sources. I'm sure there are others which I don't know about. The first and cheapest (it's free) is the United States Government. Here it is.
Register of Copyrights
Copyright Office
Library of Congress
Washington, DC 20559-6000
(202) 707-3000
If you write or call these folks and ask for the free "Copyright Information Kit," they will send it to you. The kit includes the necessary forms and the instructions. The same process applies for trademarks. Just ask for the booklet, "Basic Facts about Registering a Trademark." Here is the US Government address for that.
US Department of Commerce
Patent and Trademark Office
Washington, D. C. 20231
(703) 308-9000
I have not yet applied for a patent. I can guess that it will be more difficult since there will be requirements for technical specifications. When I find out, I will let you know. I do expect to need a patent in the future.
In addition to the United States Government, there is an outfit
calling itself Nolo Press. These folks have made a very nice business
by teaching us how to beat the attorneys out of their easy money.
They have books on almost any subject dealing with law and how
to get around lawyers.
You can find Nolo Press by clicking on their link on our links
page. The URL is http://www.nolo.com/.
Good luck!
Next time, I'll begin by discussing some of the costs involved
in publishing.
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