Copyright applies to creative works, which may include written word, text, images, illustration, artwork, among others.
Trademarks are word marks, business names, symbols, sounds, that distinguish products and services.
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An idea alone is not protectable. It represents an abstract until you actually do something, whether it is a creation, app, book, or design a business with it.
After you decide what to do with that idea, we can analyze in which category it falls. We might be talking about trademarks, copyrights, patents, designs, etc.
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Photos online are not really public domain or copyright free. Someone owns them and they can ask you to stop using them or even money compensation.
So, instead of taking the risk, we highly suggest not using them and, going to an actual website that allows the photos to be used by anyone. However, READ, because sometimes the photos can be used only for personal use, but if you want to use it in connection with a business then you have to pay an extra license fee. Read the legal pages and be sure that you will not be doing anything you are not supposed to.
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– Blog Name.
– Infographics.
– Blog Posts.
– Videos/vlogs.
– Important or significant Hashtags.
– Printables.
– Photos.
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Most copyrighted works are protected as long as the author lives plus another 70 years after it. When it comes to coauthors, it will last for 70 years after the death of the last surviving creator.
Works made for hire, anonymous and pseudonymous works are protected for either a term of 95 years from the year of first publication or 120 years from the year of creation, whichever is shorter.
When the terms expire, the work enters into the public domain, therefore anyone can use the work without having permission from the author.
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In order to be able to reply this, we need to separate a well-known recipe from something you have created. If the recipe is popular, other than the picture you have taken from it you will not be able to do much.
But if the recipe is brand new and it came from you, you will have the alternative. If you want to keep it a secret, try to tell the least amount of people possible, and have a DNA signed with them. You can, of course, come up with a name for it that you will be able to protect as trademark.
As far as copyrights, you will need to have this in mind. Ingredients are not something creative. You just follow the steps, and create something. However, if a recipe comes with the explanation or directions, or if you put together a few recipes and write cookbook, then there is basis for copyright protection. You must have in mind that if you want to keep them secret you should not do this, as applications and deposit copies are public records so everyone will have access to this.
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When it comes to posting pics, even if they are your own pics on social media, you may want to recheck this list and avoid any copyright infringement.
– Posting your pics but you did not take them: Whenever someone took a pic, even if it is your pics, unless you have agreed with that person that you could post the pic, you are into copyright infringement. The copyrights belong to the person who took the picture, unless they assign them to you.
– Having a disclaimer that “you do not claim rights”: Even those magic words will not release you from the copyright infringement, because the person who took the pic did not authorize you to post it.
– Posting any client pic using your brand, or mentioning your brand: Same scenario. You did not take the pic regardless the fact that they are promoting you. In order to be able to use it, it should be stated on the contract or written authorization.
– Using any pic you found online without the author’s permission. Unless you have it, he/she may request you cease the use.
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Anything you write is your own copyright, so before even publishing it, you created, so you own it. But this does not mean your copyright is actually registered.
It is important to register your copyrights because it will actually give you rights you can use against others and even license your own work, meaning, authorizing someone to use your work in exchange for money. And, you pay once but you get lifetime rights that your heirs will benefit from.
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– Create it: Make it your own, use your words, hands, your intellect!
– Bring it out: It doesn’t need to be a hard copy book, but it needs to be out of your mind. We cannot protect just an idea, we need to make it a book, photo, song, etc.
– Originality: It needs to be unique.
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Copyright infringement occurs when someone, without the author’s permission, distributes, performs, reproduces, publicly displays, or transforms into a derivative work a copyrighted work.
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