Sol, an original photograph from Behind Every Shot.
My partner and I have many interests that we enjoy sharing with each other and discussing over glasses of pinot grigio wine, iced lattes, or long walks around a park on a warm day.
I think it is part of what makes our relationship so fun. We never get tired of talking about what we love to do and introducing each other to new things.
Several of these conversations have been about our hobbies, specifically the ones we’ve turned into side passion projects. For him, it’s Behind Every Shot: a landscape photography business that captures the dreamy, coastal experience of living in Southern California.
For me, it’s this blog, Post Grad Money. I started it several years ago because I grew up without having much knowledge about money management.
When I got my first adult job and began receiving biweekly paychecks, I realized I had no idea what to with them. My goal then was the same as it is now: to learn and grow with my audience.
As our projects grow (his increasingly faster than mine, to our excitement), we have started thinking seriously about protecting our original work and brand identities. Throughout law school and during my summer legal internships, I have learned about intellectual property law and the benefits of protecting original work.
What is intellectual property?
Intellectual property (IP) refers to creations of the mind: including books, paintings, logos, software, and brand names. The two most common forms of IP protection for creative businesses are copyrights and trademarks.
Both exist to protect creators and their work, but they do so in different ways.
What is a copyright?
A copyright protects original works, including blog articles, photos, books, films, software, and more.
For example, the song lyrics to “Blinding Lights” by The Weeknd, and the book Harry Potter and the Sorcerer’s Stone, are both protected by copyright.
Copyright gives the creator exclusive right to reproduce, distribute, display, and profit from their original creations. That means if they write an article or take a photo, others can’t legally use it without their permission.
The moment you create something, copyright automatically attaches. You don’t have to file paperwork or pay fees for your work to be protected.
However, if you decide to formally register a copyright with the U.S. Copyright Office, you gain stronger enforcement power. Registration allows you to sue for statutory damages and attorney’s fees if someone infringes on your original work. Without copyright registration, you can still stop people from misappropriating your work, but you may not be able to recover money damages.
Think of how common online copyright infringement is today, for example with pirated e-books or copied blog posts. Copyright registration makes the difference between asking nicely for someone to take down your work, and actually having tools to enforce your legal rights.
What is a trademark?
A trademark protects an original symbol, word, brand, or design that helps distinguish one company from another. For example, the Nike “swoosh” logo or the name “Coca-Cola” are both trademarks.
When you see them, you know exactly which company made the product. That’s the power of trademark protection. It links a product or service directly to its source.
Unlike copyright, which protects creative expression, trademarks protect brand identity. If your business name is unique and closely tied to the reputation you are building, registering a trademark is an important step.
Trademark registration with the U.S. Patent and Trademark Office (USPTO) provides nationwide rights and makes it easier to stop others from using your name. Without it, your protection may be limited to your locality.
Registering a trademark will give you an exclusive right to the use of that trademark. This means you are the only person who is allowed to use that symbol, word, or design. You are also allowed to license the trademark to another party for use for financial benefit in return.
Should you get a copyright, trademark, or both?
Copyrights and trademarks allow people to earn recognition and financial benefits for their work. But they cover different aspects: the content you make vs. the identity of your business.
Both matter because copyright ensures your work can’t be copied or sold without your permission. Trademark ensures your business name or logo is yours alone, protecting your reputation and brand value.
If your business uses a unique name that sets your original work apart from others in your market, you might want to register a trademark for your name. A registered trademark is not required for your business to operate in the United States.
However, a registered trademark can provide protection through legal remedies in case a party tries to infringe, use, or profit from your work without permission. Similarly, if a trademark you want to register already exists, you may not be able to register it since someone else has already claimed it.
Copyright registration works the same way as trademark registration. Copyright protection provides a legal remedy in case someone tries to use your original work without your permission.
Both copyrights and trademarks allow you to take legal action through federal court if someone misappropriates your work. They allow you to seek two types of legal relief:
- Injunctive relief, which stops the party infringing from using your work, and,
- Monetary relief, which compensates you if someone has profited from your creations.
When deciding which kind of protection to get, you don’t always need both right away. As your business grows, it is often wise to have both in place.
Photography business example
My partner has been developing his photography business, Behind Every Shot, for about a year now. He has several original photographs and videos, and is considering getting trademark or copyright protection for his business name, brand, and creative work.
Copyright already protects each of his photos and videos as soon as he takes them. However, taking the extra step of registering them with the U.S. Copyright Office would make it easier to enforce his legal rights as owner of his photos and videos, if someone decides to use them without his permission.
This matters because we have already seen someone post one of his videos without credit. It was frustrating, but also a reminder that high-quality, creative work is vulnerable to copying.
A trademark would protect his business name so that others in the industry can’t use it. He likely needs one if he is trying to build a recognizable brand. This would help to protect his reputation and help the business name stand out.
Both copyright and trademark would help him build not just a portfolio of images and videos, but also a lasting brand identity.
Personal finance blog example
On the other hand, I have worked on Post Grad Money as a side project to produce original articles that provide free, accessible, and helpful information to post grads as they navigate their lives.
Like my partner’s photos, copyright applies automatically to my original writing. However, registering gives me stronger enforcement power.
Copyright registration for Post Grad Money would protect my blog articles, and any digital or physical products I decide to create. I will be registering for copyright protection as my blog continues to grow and as I develop more original blog posts.
Getting a registered trademark would protect my blog’s name and logo. Do I need it right now? Not necessarily. For now, I am just focused on creating consistent content. Once I become more serious about branding, growing my audience, and monetizing, then I will register for a trademark.
That way, if someone tries to launch a Post Grad Money Podcast or YouTube Channel, I will have the ability to stop them.
Practice tips for creators
- Keep records of your work. Even if you don’t register for copyright or a trademark right away, date and save all of your files and drafts. They prove ownership in case of any disputes down the line.
- Search before you commit to something. Before investing in a brand name, check USPTO records and do a thorough online search to avoid conflicts.
- Prioritize what matters most. If your value lies in your content (photos, writing, videos), focus on copyright first. If the value lies in your brand identity, consider a trademark sooner.
- Understand costs. Copyright registration is usually around $45-$65 per application. Trademark registration is typically around $250 – $350 per class of goods/services.
Both are small costs compared to the long-term value of protecting your work. These costs are also tax-deductible, so you can claim and deduct them as a business expense when tax season comes around.
Wrap-up
If you’re just starting out, begin with what you’re creating most. For a photographer, that’s images. For a blogger like me, that’s articles. So, registering for copyright protection makes sense for both of us.
As your brand grows, it will make sense to register for a trademark later to protect your business identity. It ensures your name and logo are yours alone, helping your audience recognize and trust your business.
Neither a copyright not trademark is “better.” They both serve different purposes. In fact, many creative businesses eventually need both. Protect your work, protect your name, and give yourself peace of mind so that you can focus on creating!
Thank you so much for reading my article! Check out the rest of the blog for more personal finance guides, tips, and more!