Copyrights and Trademarks, Oh My!

I want to start this post by saying: I’m not a lawyer.

And this email is certainly not legal advice, though I did have a lawyer — who is also a literary agent — review what I’m about to say before sending this out.

I hear a lot of incorrect information about publishing — mostly well intended, sometimes outdated, and often the result of a virtual version of the game Telephone where small details get misinterpreted, passed along, misinterpreted, and passed on until I hear some wackadoodle shit.

Today’s wackadoodle whack-a-mole concerns two legal protections we all have.

Copyright and trademark.

According to the U.S. Copyright Office, copyright is intellectual property that protects original work of authorship as soon as the author fixes the work in a tangible form of expression.

In other words — an idea that remains in your mind and not written down on paper?

Not protected under copyright law.

But an idea explained thoroughly in a document, posted on a blog, shared on social media, or sent in an email?

As the creator or author, you automatically own that copyright.

It can be helpful to understand that copyright is dependent on creative expression. That’s why…