Frequently Asked Questions

The Basics of Copyright:
Copyright applies to all original works of authorship fixed in a tangible form of expression. This includes literary works, musical works, dramatic works, pantomimes and choreographic works, pictorial, graphic and sculptural works, motion pictures and other audiovisual works, sound recordings, and architectural works. This can also include design elements for clothing.

While copyright exists in any work of authorship fixed in a tangible form of expression, there are persuasive advantages to registering all such creations with the United States Copyright Office. For example, an author must have registered a work in order to file an infringement claim with a court. Also, if a work is registered within ninety days of publication, damages will be measured according to statutory guidelines, sparing an author the expense of proving every penny of subjective “actual damages”. Moreover, registration may also result in the award of attorney’s fees to the author.

The complexity of a copyright registration usually hinges on the complexity of the creation sought to be protected. Nevertheless, even the seemingly straightforward application can result in an intricate process if multiple creators are involved. Typically, troublesome registrations involve issues such as ‘work-made-for-hire,’ compilations, and derivative works (a.k.a., adaptations).

The law office offers services that walk an author through the registration process either as a one-time instruction or as part of a general service in maintaining an author’s intellectual property portfolio. We take into consideration each client’s unique matter before advising on fair use issues, licensing agreements, issues of authorship and ownership, public domain, collection of royalties, and policing potential infringements.

The Basics of Trademark:
A trademark is any word, name, symbol, logo, or a combination of these used (or intended to be used) to identify the source of a consumer good. Likewise, a service mark is any word, name, symbol, logo, or a combination of these used (or intended to be used) to identify the source of a service. A trademark or service mark protects the goodwill of a company, ensuring consumers that the good or service adheres to that particular company’s established standards and reputation.

The Law Office of David H. Faux, P.C. assists goods and service providers in determining whether a desired mark is available for use and whether it will clear the registration process. We execute trademark and service mark registrations, licensing agreements, assignments, maintenance, policing, and enforcement. After a trademark or service mark has been registered by the United States Patent and Trademark Office, certain maintenance documents must be submitted over time in order to show that it has been “in use in commerce” as per the requirements. For example, between the fifth and sixth year after registration, a specific affidavit must be filed with the United States Patent and Trademark Office, or the client might risk abandonment of the mark it spent so much time and money branding. Other maintenance document deadlines occur between the ninth and tenth year after registration as well as every ten years thereafter.

The Basics of Trade Secrets:
Trade secrets are commercially valuable information not generally known or readily ascertainable to the public that are subject to reasonable measures to maintain its confidentiality. Typical examples include confidential formulas, manufacturing techniques, and customer lists. While most states based their statutes on the Uniform Trade Secrets Act, some maintain their own original laws.

The Law Office of David H. Faux, P.C. guides its clients through best practices including research and development compartmentalization, information security policies, physical security policies, and human resources policies. Implementing a proper protection protocol is critical to ensuring that the value of the information is safeguarded. Trade secret protection protocols range from building a security system and regulating access to the protected information to including confidentiality and non-compete clauses in employment contracts. Each protocol should be uniquely crafted to address the particular client’s need to protect its trade secrets.

The Basics of Patent:
There are two kinds of patents available-utility and design. Utility patents can be secured for twenty years from filing and are typically used for mechanicals, pharmaceuticals, and processes. Design patents last for fourteen years and are often used for ornamental designs of useful products.

The Law Office of David H. Faux, P.C. enforces existing patent rights, generates cease and desist letters, negotiates dispute settlements, and drafts a variety of transactional patent documents including licenses and assignments.

The Basics of Rights of Publicity and Privacy
A right of publicity has been violated when one person appropriates the identity (name, likeness, voice, image, etc.) of another for commercial purposes without permission. This is the only “right of privacy” recognized in New York State.

The Law Office of David H. Faux determines for clients whether the right of publicity is implicated in works about public figures. We review clients’ works for commercial appropriation, negotiate and draft any necessary releases, execute or defend against cease and desist letters, and more.

The Basics of Defamation
The law of defamation attempts to balance the value of reputation against derogatory statements that may be protected by another person’s First Amendment rights. To constitute defamation, the derogatory statements made against the plaintiff must be both false and published by the defendant to a third party.

The Law Office of David H. Faux, P.C. advises publishers and authors as to the level of risk of their works before publication has occurred. We also evaluate claims made against clients and assists the client in the most efficient and favorable resolutions. Additionally, the law office counsels those who feel aggrieved, assesses potential claims, presents various forms of available relief, and develop strategies pursuit towards finding the most favorable forms of relief for the client.