Entertainment law includes legal services, such as contracts and copyrights, that are aimed at protecting pieces of entertainment like books, movies and visual arts. Plagiarism and other types of exploitation often threaten the products of those who work in the entertainment industries. Copyright and trademark laws in South Dakota are intended to protect the intellectual property rights of those who work in the entertainment field.
What is A Copyright?
A copyright includes the privilege to exclusively produce a certain form of entertainment, and the copyright holder must give consent for others to be able to use it. Under South Dakota law, the holder of a copyright has the right to negotiate licenses for the production of the copyrighted material that others might want to use. A copyright does not last forever, and all procedures surrounding copyrights are governed by state entertainment laws. You will want to familiarize yourself with the specifics, whether you want to simply protect your property rights or you are interested in selling licenses for your work.
What is a Trademark?
A symbol or other notable visual characteristic that people associate with a brand is a trademark. Visual cues are key in the entertainment industry to establish product recognition. Trademarks do not expire. They are obtained through registration with the U.S. patent and trademark office. Consumers recognize brands better when they have associated trademarks.
How Can a South Dakota Attorney Help?
Deciding whether you need a trademark or copyright is often a decision best made with the advice of an attorney in Canton that has specialized in entertainment law. The filing process in South Dakota can also go more smoothly with an attorney to guide you.