Should I register a design copyright as myself or a company? And how many images?

[Derrick12]

I live in Illinois

I have some jewelry pieces I designed, created, and published and am planning on registering for a design copyright. Additionally, I started my own LLC company which I am the only member and owner currently. I have two questions is someone can help me out -

(1)
In the application, there are two parts to fill out - Author and Claimant. I'm not sure if I should put myself (my name) or my organization for the author and claimant part? Because if I try to put the Organization in the authorship section, it requires me to checkmark and say "Yes" to the following question - "Is this author's contribution a work made for hire". But I am the owner so I'm not sure if I can say Yes to this?

My main concern is if I put myself (my own name) as the author and claimant and not my organization, will it make a difference if I want to bring a lawsuit against another party if they copy my designs? Or would it be better if the claimant and author is the organization?

(2)
I spoke with the design copyright office and they said that they only need me to submit one image for the design copyright.

I spoke to my friend and he said that it might be good to submit few images with different angles.

Does anyone have any recommendations on what's more likely to get approved for a design copyright by the examiner - submitting only one image, two, or few images?

Thanks everyone for the advice and help!

 

[Just Blue]

I have some jewelry pieces I designed, created, and published and am planning on registering for a design copyright. Additionally, I started my own LLC company which I am the only member and owner currently.

In the application, there are two parts to fill out - Author and Claimant. I'm not sure if I should put myself (my name) or my organization for the author and claimant part? Because if I try to put the Organization in the authorship section, it requires me to checkmark and say "Yes" to the following question - "Is this author's contribution a work made for hire". But I am the owner so I'm not sure if I can say Yes to this?

My main concern is if I put myself (my own name) as the author and claimant and not my organization, will it make a difference if I want to bring a lawsuit against another party if they copy my designs? Or would it be better if the claimant and author is the organization?

Thanks everyone for the advice and help!

What state?

 

[Just Blue]

Px Hx

@Derrick12 Please don't start a new thread for every question that pop's into your head on this topic/issue. Keep all questions regarding this issue to one thread...it makes it easier for the volunteers. Thank You.

 

[Derrick12]

What state?

Illinois

 

[Derrick12]

Px Hx

@Derrick12 Please don't start a new thread for every question that pop's into your head on this topic/issue. Keep all questions regarding this issue to one thread...it makes it easier for the volunteers. Thank You.

Will do! Thanks!

 

[quincy]

I live in Illinois

I have some jewelry pieces I designed, created, and published and am planning on registering for a design copyright. Additionally, I started my own LLC company which I am the only member and owner currently.

In the application, there are two parts to fill out - Author and Claimant. I'm not sure if I should put myself (my name) or my organization for the author and claimant part? Because if I try to put the Organization in the authorship section, it requires me to checkmark and say "Yes" to the following question - "Is this author's contribution a work made for hire". But I am the owner so I'm not sure if I can say Yes to this?

My main concern is if I put myself (my own name) as the author and claimant and not my organization, will it make a difference if I want to bring a lawsuit against another party if they copy my designs? Or would it be better if the claimant and author is the organization?

Thanks everyone for the advice and help!

Will your LLC be the exclusive copyright holder? You will need to transfer rights to the LLC in a written and signed transfer agreement.

You can register the copyrights in your designs in your name first and transfer rights in the designs to your company later.

You will need to decide whether you want to transfer all rights or just some rights.

I recommend you discuss your business plans with an IP attorney in your area.

 

[Derrick12]

Will your LLC be the exclusive copyright holder? You will need to transfer rights to the LLC in a written and signed transfer agreement.

You can register the copyrights in your designs in your name first and transfer rights in the designs to your company later.

You will need to decide whether you want to transfer all rights or just some rights.

I recommend you discuss your business plans with an IP attorney in your area.

THANKS SO MUCH QUINCY FOR YOUR HELP! Also, one more thing, I added another question if you can give me your suggestion -

I spoke with the design copyright office and they said that they only need me to submit one image for the design copyright.

I spoke to my friend and he said that it might be good to submit few images with different angles.

Does anyone have any recommendations on what's more likely to get approved for a design copyright by the examiner - submitting only one image, two, or few images?

 

[quincy]

THANKS SO MUCH QUINCY FOR YOUR HELP! Also, one more thing, I added another question if you can give me your suggestion -

I spoke with the design copyright office and they said that they only need me to submit one image for the design copyright.

I spoke to my friend and he said that it might be good to submit few images with different angles.

Does anyone have any recommendations on what's more likely to get approved for a design copyright by the examiner - submitting only one image, two, or few images?

I wanted to add one more thing about your design copyrights and what you need to think about before transferring rights.

Whether to personally retain ownership of the design copyrights and only license rights to the LLC will depend on a risk analysis. Your copyrights are an asset that can be attached by creditors. If you retain ownership, your personal creditors can use this IP to satisfy debts. If your LLC owns the copyrights, the IP is (generally) protected from your personal creditors. However, the copyrights can be subject to claims filed against your LLC if your LLC holds the rights.

That is just one example of what needs to be considered when thinking of a transfer of rights from you to your company.

As to design images, generally one copy of your work is deposited if your work is unpublished and two copies are deposited for published works. If your designs are three-dimensional, you will need to send two-dimensional images/photographs that clearly and accurately represent the works. You can generally do this with two photographs but if you feel you need three photographs to accurately show your three-dimensional works, you could include three.

These images should be included with your application.

 

[Derrick12]

I wanted to add one more thing about your design copyrights and what you need to think about before transferring rights.

Whether to personally retain ownership of the design copyrights and only license rights to the LLC will depend on a risk analysis. Your copyrights are an asset that can be attached by creditors. If you retain ownership, your personal creditors can use this IP to satisfy debts. If your LLC owns the copyrights, the IP is (generally) protected from your personal creditors. However, the copyrights can be subject to claims filed against your LLC if your LLC holds the rights.

That is just one example of what needs to be considered when thinking of a transfer of rights from you to your company.

As to design images, generally one copy of your work is deposited if your work is unpublished and two copies are deposited for published works. If your designs are three-dimensional, you will need to send two-dimensional images/photographs that clearly and accurately represent the works. You can generally do this with two photographs but if you feel you need three photographs to accurately show your three-dimensional works, you could include three.

These images should be included with your application.

THANKS SO MUCH AGAIN QUINCY FOR ALL YOUR HELP AND ADVICE. I wanted to ask you one more thing if you can help me with -

I already consulted and paid two copyright/trademark attorneys but they did not tell me about the risks regarding the ownership part, and I think they just wanted to finish the application fast and get paid. So I decided that I had to do my own research as well. I'm going to try to contact another trademark attorney to see if they can be better help.

After reading your reply and doing research online, I'm going to file for a design copyright as "myself" for the author and claimant, and then after it gets accepted, I will do an assignment agreement to transfer the ownership to my LLC.

My only concern is that if I start the registration process for the Design Copyright as "myself" as the author and claimant, and since it takes few months for the examiner to review, will I personally be liable for any litigation in those few months since I still have not transferred over to my LLC until the copyright has been approved?

 

[Zigner]

I already consulted and paid two copyright/trademark attorneys but they did not tell me about the risks regarding the ownership part, and I think they just wanted to finish the application fast and get paid.

Don't be so hard on them...you didn't pay them to examine your business structure and advise on your possible liabilities. When you hire a painter to paint a room, you don't expect them to check out your plumbing to make sure that the pipes have been upgraded to copper to protect you from possible lead exposure.

 

[quincy]

THANKS SO MUCH AGAIN QUINCY FOR ALL YOUR HELP AND ADVICE. I wanted to ask you one more thing if you can help me with -

I already consulted and paid two copyright/trademark attorneys but they did not tell me about the risks regarding the ownership part, and I think they just wanted to finish the application fast and get paid. So I decided that I had to do my own research as well. I'm going to try to contact another trademark attorney to see if they can be better help.

After reading your reply and doing research online, I'm going to file for a design copyright as "myself" for the author and claimant, and then after it gets accepted, I will do an assignment agreement to transfer the ownership to my LLC.

My only concern is that if I start the registration process for the Design Copyright as "myself" as the author and claimant, and since it takes few months for the examiner to review, will I personally be liable for any litigation in those few months since I still have not transferred over to my LLC until the copyright has been approved?

You can refrain from publishing your designs until after the sale, transfer or licensing of rights to reduce your risks.

Many copyright and trademark attorneys have business law backgrounds and can advise on the business decisions.

 

[Derrick12]

You can refrain from publishing your designs until after the sale, transfer or licensing of rights to reduce your risks.

Many copyright and trademark attorneys have business law backgrounds and can advise on the business decisions.

Thanks! That's a good suggestion. So I'm thinking that maybe I should have an attorney make a transfer agreement to my LLC and transfer my rights, and then I can file for a Design Copyright and list the LLC as the author and claimant?

 

[quincy]

Thanks! That's a good suggestion. So I'm thinking that maybe I should have an attorney make a transfer agreement to my LLC and transfer my rights, and then I can file for a Design Copyright and list the LLC as the author and claimant?

It is your decision, and one best made after consulting with an IP attorney in your area, but my opinion is that first registering the copyright under your name and then making the transfer to your LLC is best.

But that is just my opinion based on what you have posted. A personal review of all facts, including but not limited to your personal financial situation and your business finances, could change that.

 

[Derrick12]

It is your decision, and one best made after consulting with an IP attorney in your area, but my opinion is that first registering the copyright under your name and then making the transfer to your LLC is best.

But that is just my opinion based on what you have posted. A personal review of all facts, including but not limited to your personal financial situation and your business finances, could change that.

Thanks very much again for the help!

 

[quincy]

Thanks very much again for the help!

You’re welcome, Derrick12. I really appreciate the thanks, so thank you.

Good luck with your business.