Copyrighting Is Right Thing To Do, Attorney Says

The ability to copyright anything you create can protect you in many ways, a copyright and patent attorney told a Jonesboro audience interested in startup enterprises.

Joe Calhoun, an attorney with Hulsey Calhoun in Little Rock, spoke to a roomful of entrepreneurs during a forum at the Arkansas State University Small Business and Technology Development Center on Thursday.

During the forum, called “Intellectual Property and Patents: Turning Ideas into Assets”, Calhoun talked about how to copyright material as well as the laws covering patents and copyrights.

Calhoun said there has to be a basic starting point before anything can be done.

“For someone to start, they have to have a proprietary right,” Calhoun said. “Especially for start-ups, you must have the proprietary right. It is your insurance to prevent cheap knockoffs and gives you some protection.”

As for business owners, Calhoun said they should copyright everything, especially anything on their website or marketable material.

Federal courts are the only courts to have the constitutional right to hear copyright and patent cases, Calhoun said.

A person taking anyone to court over a copyright issue must show substantial evidence of copying material. There is also a three-year statute of limitations in most cases, however, the three years can be expanded to 10 years in some cases, Calhoun said.

ROYALTIES
Copyright protection, especially in music, is key.

For instance, groups like ASCAP (American Society of Composers, Authors and Publishers) or BMI (Broadcast Music, Inc.) have requested royalties for music artists whose music is played at businesses.

Calhoun said the groups often go to restaurants or bars to check with the owners about whether or not they have a license.

“If they don’t have a license, they will send out a letter,” Calhoun said.

Calhoun said music played over a radio is protected, while any recorded music is subject to the copyright issue.

Calhoun also said the issue of copyrights has been an important part of the nation’s history.

“Article 8 of the Constitution talks about copyrights and patents. It was probably created because Ben Franklin (one of the Founding Fathers) was an inventor and publisher,” Calhoun said.

Calhoun also spoke Wednesday to students at the Arkansas Biosciences Institute and to members of the Inventors Club of NEA.