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What is the difference between Piracy and Counterfeiting?
The term “counterfeit” describes fake goods. The term “piracy” describes the act of reproducing movies, music, books or other copyrighted works without permission from the copyright owner.
What are Trade Marks, Copyrights, Registered Copyrights, Registered Designs, and Patents.
There are numerous ways that you can protect your creations, whether they are artworks, artistic works, designs, inventions, brand names or logos. These can all be protected, both nationally and internationally by registering with the appropriate official body. Registration gives the owner control of their rights under the protection of the registration and enables them to take legal action against those infringing these rights.
The length of time these registrations remain in force depends on the type of registration.
What is a Trade Mark?
A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others.
Registration gives the owner control over who can use the mark in the geographical area covered by the registration and in respect of the class of goods and/or services for which it is registered. Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark.
Trademarks are usually for 10 years from the date of application, at the end of which it can be renewed if desired.
Trademark registration enables you to take action via the courts against someone else using the same or a similar mark.
What is a Copyright?
Copyright is a form of protection provided to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. There is a presumption of ownership without registration.
The copyright owner has the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly.
Copyright lasts for the author’s lifetime plus 70 years.
Whilst there is a presumption that this is your work even without notice or registration, you cannot seek a claim for copyright infringement unless the work is registered.
What is a Registered Copyright?
A registered copyright is a protection provided for an original tangible work. With regard to Intellectual property this includes; Artworks, pictures, photographs, written works (articles, online courses, blog posts, e-books), music etc.
Copyright lasts for the author’s lifetime plus 70 years.
Registering a work formally establishes a public record of ownership, it establishes the date of creation and it is required prior to bringing an action for infringement. Your work does not have to be published to register copyright of your work.
Copyright registration enables you to take action via the courts against someone else using or reproducing your original tangible work.
What is a Registered Design?
Design registration is a means to protect the visual appearance or design of a product.
A registered design gives the owner the right to control who can make a product having the appearance protected by the registration in the geographical area covered by the design registration.
A registered design may stay in force for a maximum period of 25 years from the date of application depending on the countries in which it is filled.
A Registered Design enables you to take action via the courts against someone else manufacturing or selling products made to the same or a very similar design to that covered by the registration.
What is a Patent?
A patent for an invention is the grant of a property right to the inventor. A patent includes a set of claims or definitions which define what is protected.
A granted patent gives the owner the right to control who can make the product or use the idea or the process covered by the claims in the geographical area covered by the patent. It grants “the right to exclude others from making, using, offering for sale, or selling”.
There are three types of patents:
1) Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof;
2) Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and
3) Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.
Once granted a patent may stay in force for a maximum period of time, usually 20 years from the date of application.
It enables you to take action via the courts against someone else manufacturing a product, or using an idea or process, covered by the claims.
Edwin James IP client since 2023
As soon as I started working with Edwin James, I was pleasantly surprised to see how much better I felt emotionally just knowing that someone was on my side and was fighting for me.
I feel more confident about continuing to share and sell my work online, and I'm able to spend more time creating art - which is priceless.
Edwin James IP client since 2022
Thanks to Edwin James, I now have the peace of mind to focus on my art, knowing that my creations are well-protected. I wholeheartedly recommend their services to any artist or creator seeking reliable and effective IP protection.
Sally Walsh, Sillier Than Sally Art, Australia
Edwin James IP Edwin James IP client since 2023
The lawyers at Edwin James IP have truly been my “Counter-Fairy Godmothers & Godfathers...
The team didn’t ask for a single cent up front - just some background information and some supporting imagery of my stolen art, from there, they went to work! .
Michael Buxton | DinoMike, Artist, UK
Edwin James IP client since 2023
Not only did Edwin James successfully take down copied work, but they were also able to claim back compensation from the thieves.
To say I was extremely pleased with the results is an understatement and I’d highly recommend any artist to use their service..
Sanda | Von Kowen, Artist, Croatia
Edwin James IP client since 2021
Thanks to the money I got I get to live very comfortably and not worry so much about the future.
Best of all, I get to be creative while knowing my work will be protected and that is the best feeling ever.
Edwin James IP client since 2023
I couldn't be happier! It's unbelievable what Edwin James can do to protect our creative work, and I can't recommend them enough. It's like if we don't need to worry anymore, because there's someone to fight for us.
Just trust them and they will do an awesome work!
Edwin James IP client since 2022
When I hired Edwin James, they required no major upfront cost outlay, and it was immediately clear they knew how to handle multi-faceted international copyright claims.
Having worked with other attorneys on infringement cases, Edwin James' responsiveness and professionalism is a breath of fresh air. Five stars.
Edwin James IP client since 2023
Thanks to their expertise, I gained substantial compensation from several successful cases, which not only validated my work but also allowed me to reinvest in my art.
Working with Edwin James has transformed my perspective on copyright issues. I now feel empowered and confident in my rights as an artist.
Kate Louise Powell, Artist, UK
Edwin James IP client since 2023
Once I had the support of Edwin James IP it was as if 10-12 years of frustration, deflation and anger was just melted away.
The result of working with Edwin James blew my mind!
Lucie Bilodeau, Artist, Canada
Edwin James IP client since 2022
Since starting with Edwin James IP in August 2022, my experience has been fantastic. Thanks to their efforts, I've received a substantial sum that allowed me to create the art I am passionate about.
It’s marvellous to finally take action that makes a difference. I highly recommend Edwin James IP.
Lea Yunk | Episodic Drawing, Artist, Korea
Edwin James IP client since 2021
I felt completely lost and didn’t know how to resolve the situation. After starting to work with Edwin James IP, the results were astonishing.
They are efficient, quick, and have never failed.
Edwin James IP client since 2023
Working with Edwin James was an incredible journey. I was astonished to receive my first distribution. The amount was beyond my wildest dreams...
...They not only recovered a substantial sum but also successfully stopped these Chinese companies from profiting off my stolen work.
Tobias Fonseca, Artist, Brazil
Edwin James IP client since 2021
Partnering with Edwin James was a game-changer for me. It was a win-win situation: not only did they help remove counterfeit products, but they also ensured that my work was properly copyrighted. I didn't have to bear the costs or do the heavy lifting myself - they took care of everything.
I can now focus on my art without the constant worry of counterfeiting, thanks to Edwin James.
Taku Shibata | Matataku, Artist, Japan
Edwin James IP client since 2023
Thanks to information from Edwin James, I learned that my work had been plagiarized more than I had thought.
...I was able to receive more compensation than I had expected without having to leave my home…I was able to pay off my debts…I am very grateful.
Joe Tate, President, Tate Licensing
Edwin James IP agent
Working with Edwin James IP has been nothing short of life changing for many of our artists. They have found a way to tackle the most difficult problem our artists have faced, the constant counterfeiting of their work.
...They offer an invaluable service that solves a real need in the art industry and for creators everywhere.
Paul E. Wheeler, President, Owner - Looking Good Licensing, LLC.
Edwin James IP client since 2022