should I notarize or copyright my business card design

[MegaManX]

What is the name of your state (only U.S. law)? California

I have spent a good amount of time designing my business card but now I'm thinking if my business card get's enough publicity, I think someone might copyright it for themselves, then come up to me saying that they copyrighted it first and that if I continue using my own design that they'll sue.

I'm the one who took the original picture with my camera for the back round of the card and did the rest of the work that was put into making it.


At this point in time, I don't care if anyone else uses my design, I just don't want to not be able to use my own design for my future business. I know that the chance of this scenario coming to play is kind of unlikely and probably pretty distant in the future but I just feel as though I spent too much time on making this card to have the rug pulled under me like that.


I know this maybe a bit of a cheap-o question but what would suffice in making sure that someone can't tell me that I can't use my design, should I notarize it for $10 dollars or should I make a claim on copyright.gov for $45?

 

[racer72]

This is not something a notary is for. Go ahead and copyright the design. You could always do the ultimate in cheapo copyrighting. Put your design in an envelope and mail it to yourself. Keep this sealed envelope in a safe place just in case. It will only cost you the price of first class postage.

 

[quincy]

Your design is already copyrighted, MegaManX. It was copyrighted the minute it became fixed in a tangible form. You can already prevent others from duplicating your work.

You can register any work that is original and creative. Works do not need to be registered to be copyrighted or have copyright protection, however.

For more information on registration, go to the U.S. Copyright Office's official website at http://www.copyright.gov. The Copyright Office also addresses the "poor man's copyright" that racer72 mentions. This does not really provide protection for your work and should not be relied on as protection. The minor cost for registering your work with the Copyright Office is generally worth it.

There are good reasons for registering your work. These reasons are that registration provides you with the presumption of ownership, it provides public notice that your work is, in fact, copyrighted, and registration makes you eligible for statutory damages of between $750 and $30,000 per work should your work be infringed - should someone use or copy your work without permission - or up to $150,000 for especially egregious infringement.

Because your work is already copyrighted, and was upon creation, you can already prevent others from using your work.

Having an attractive business card can be a plus. I still carry around an artist's card I picked up at an art fair two summers ago because it is beautiful (or perhaps because I am not real good about cleaning out my wallet )

Good luck with your business.

 

[cbg]

OP, you don't have a clue what it means to notarize something, do you?

 

[FlyingRon]

All a notary does is add their attestation that the signatures are who they say they are. Actually in this day and age they're rapidly becoming replaced by more elaborate kinds of signature verifications.

 

[cbg]

That's for true. The entire six years I was a notary, I don't think I notarized more than three documents a year. When the time came to renew my notary's license, I didn't even bother.

 

[colourfastt]

That's for true. The entire six years I was a notary, I don't think I notarized more than three documents a year. When the time came to renew my notary's license, I didn't even bother.

That's why being a Louisiana notary is much more fun: drafting documents (testaments (wills), mandates (powers of attorney), etc.) for clients. There's no way I could ever tolerate being just a signature witness like the notaries in the other 49 states.

 

[FlyingRon]

By the way racer72's poor mans copyright is a waste of a stamp. It proves nothing and means nothing in a copyright action.

 

[MegaManX]

thx for the reply's everyone, real sweet help.


I have another question, should I get my business card printed out before I submit it to be copyrighted or should I just copyright the picture that will go on the front of the card. In all honesty that front pic is what matters the most.

The reason why I ask this question is because I wanna save some cash by getting vistaprint to make the cards but I know I'm prolly bein paranoid but I think vistaprint might like the design that I upload too much and maybe copyright it for themselves and place it in their "templates for premium users section" or some like that HAHA lol.

I'm really bein serious about that though, not to mention the possible legal dispute that this discrepancy of getting just the background pic copyrighted instead of the entire front & back of the actual produced card could ensue. I tried to ask the copyright help-line if I should copyright the end produced card or just the background pic but they said they're not allowed to give that kind of advice.

 

[quincy]

thx for the reply's everyone, real sweet help.


I have another question, should I get my business card printed out before I submit it to be copyrighted or should I just copyright the picture that will go on the front of the card. In all honesty that front pic is what matters the most.

The reason why I ask this question is because I wanna save some cash by getting vistaprint to make the cards but I know I'm prolly bein paranoid but I think vistaprint might like the design that I upload too much and maybe copyright it for themselves and place it in their "templates for premium users section" or some like that HAHA lol.

I'm really bein serious about that though, not to mention the possible legal dispute that this discrepancy of getting just the background pic copyrighted instead of the entire front & back of the actual produced card could ensue. I tried to ask the copyright help-line if I should copyright the end produced card or just the background pic but they said they're not allowed to give that kind of advice.

I assume by "submit it to be copyrighted" you mean registered. As mentioned earlier, your picture is already copyrighted and it was copyrighted as soon as you created it. You have copyright protection for your work now, without having to do anything more.

You never have to register your work if you don't want to, unless or until your work is infringed and you want to file a copyright infringement suit against your infringer. Then registration is required.*

But, as also mentioned earlier, there are advantages to having it registered now.

You can register the picture or register the card with the picture on it, your choice. If you are concerned about the copier place ripping off your picture, you can register the picture first. If the print and the design of the card are not original or creative, they would not be copyright-protectable anyway.

Registering the picture alone, or as it is on the card, provides additional protection for the already-copyrighted picture that you want to use on your card.

To register, and for information on registering, go to the government link I provided above. If you want legal advice on how to copyright your work, or what is best for you to copyright, you will not receive this legal advice through the Copyright Office. For all legal advice pertaining to the specifics of your work, you will have to see an attorney in your own area for a personal review.

Good luck.


*there are some exceptions when it comes to registration of art work - see the link provided in the post above for more information, to see if an exception applies to your work

 

[FlyingRon]

Frankly, most business cards are not such great creative works that you really ought to be worried too much about copyright let alone registration. If you have a business name, I'd make sure that is property registered and if you have trademarks you wish to protect you want to look at that.