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Karen Wilson Robinson, The Importance of Protecting Your Intellectual Property

Hi there. My name is Avil Beckford, and this is the latest episode of The One Problem podcast. You know, there are tons of problems in the world, but we're not going to deal with all of them. We're going to deal with one problem at a time. As has been the case, most of the guests who appear on this program, I have some sort of prior relationship with them. And that is the case with Karen Wilson Robinson. I've known her for about a year. And I met her through my niece. Now, Karen is a patent and trademark attorney. Over to you, Karen.

Karen Wilson Robinson

Thank you, Avil. So one problem that I often encounter in my practice is folks – you see behind me a lot of books. A lot of folks who write books, write manuscripts, write plays, write songs, et cetera. And they shop them around without first seeking any kind of protection for their intellectual property. Then what happens is someone will use that work or their work of art, and they discover its use by seeing it out in the social media sphere.

And then that's when they start trying to look into “what can I do?” Because if someone is using your artistic creativity, they're making or they're gaining the economic benefit that I'm sure the individual, as an author, would like to reap. So that's the problem, quite a common problem.

What's the solution?

The solution is simple. Before you share your work of art, whether it be a song, a book, manuscript, play, anything that you have created. Before you share that with the public at large or even with your friends because you want them to see, provide feedback. You want to seek copyright registration. And it's a very simple process. You apply to get the registration by submitting a copy of your work.

It is a nominal fee. Depending upon whether it's one piece of work or a collection of work, it's a nominal fee. And it's nominal compared to the money you have to put out when you are litigating someone's use of your creativity and of your work. So basically, you want to make sure you seek those protections before you share your work.

Have you read or watched?


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  19. Alta Odendaal, Financial Coach and Consultant

Karen Wilson Robinson

If you're located in the United States, you have to have a copyright registration before you can even start any kind of litigation. And depending on how long it is before you discover the use of your work, you may find yourself facing some sort of statute of limitations. So to avoid all of that, before you share your work, get a copyright registration. Back to you Avil.

Avil Beckford

You know, something, I've written books and I just put the ‘C' in the book, but I've never applied for one.

Karen Wilson Robinson

And that's fine, because once you write it, once you show it, we used to call that the poor man's copyright. Technically, you're not supposed to use the ‘C’ unless it's registered. In the old days, folks would mail themselves a manuscript. They would mail it to a post office box or something to show that it was their work. And it predates whatever it is that the individual entity may have done with that work.

But in order to bring litigation in the United States, it has to have a federal registration or else you can't. One of the issues with that, too, is if someone is using your work and they're making money from it, you can't recoup those losses until the registration. So your loss does not start until you have that registration. So chances are you'll probably miss out on prior income by not having the registration before you share your work at large.

Avil Beckford

This is a lot to think about, and I'm sure that a lot of the listeners will get value out of this because it's something you take for granted.

Karen Wilson Robinson

Yes, absolutely. And folks will say, “Well, I can't afford it”. Well, you can't afford not to. It's not expensive to get it done. But it's very expensive when you now have to seek the services of an attorney to show that someone is using your work without permission.

Next Steps

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