COPYRIGHT LAW

Once you put a concept into a tangible form, it automatically gains federal copyright protection. However, formally registering your copyright with the U.S. Copyright Office provides substantial advantages when fighting infringers.

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Rosenthal IP Law, Your Experienced New Jersey Copyright Law Firm

Copyright law protects your literary creations and works of art so you can control how the work is used and distributed. The purpose of copyright law is to encourage people to create new works of art and literature.

You do not need to do anything special to get copyright protection -- it is automatic when the work is fixed into a tangible medium of expression. The work must be written down or made into a physical form that the someone can identify, either directly or with the help of a machine. Some examples are the audio tapes or cd's, stories printed, or film. The copyright is only attached to your work after it is documented. Copyright does not protect your ideas or facts you have researched. Copyright does not protect speech that is not transcribed, live performances of music, or broadcasts that are not recorded.

The exclusive right to...

make copies of the work
sell or distribute copies of the work
create new works based on the original work
perform the work in public

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Copyright

Law

Sometimes, you may not own the copyright to your artistic work, even though you created it. This may happen in an employer/employee situation or when you are an independent contractor creating a “work made for hire.” You may also be a joint copyright owner with another person if you both contributed to the creation of the work.

For more info, speak to our copyright law specialists at

(908) 408.3832 or visit our contact page.

Can a copyright be sold or transferred?

A copyright can be transferred, or you may sell your copyright to another person or business. You may assign or transfer some, or all, of your ownership interest in your copyright. You may use your copyright as security for a loan or mortgage, and may pass it on to another person at the time of your death, either in your will or by intestate succession. A copyright can also be involuntarily taken from you by court order in certain situations, such as through bankruptcy, a property division in a divorce or through a mortgage foreclosure.

The length of time your work is protected depends on when the work was published and the laws that applied at the time it was published. For instance, works published in the US before 1923 are not protected by copyright. They are considered in the public domain. Works published after 1922 but before 1978 are protected for 95 years from the date of publication. Generally, works published after 1978 are protected for the life of the author, plus 70 years.

A work is considered “published” when you make it available to the public on an unrestricted basis. If you display the work but place many restrictions on what can be done with it, then the work may not have been published.

Registration of your copyright is easy. Please contact us for more information about how we can help you register or protect your copyrights.

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What is Intellectual Property?

Intellectual property is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The most well-known types are copyrights, patents, trademarks, and trade secrets.
Why intellectual property law?

The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goods. To achieve this, the law gives people and businesses property rights to the information and intellectual goods they create, usually for a limited period of time.
How intellectual property is protected?
Trademark, copyright, and patent: what's the difference?
When to protect intellectual property?

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IP Law News

Rosenthal IP LAW

How IP Can Increase the Value of Your Business Before You Sell It

By Larry Rosenthal • August 10, 2026

Thinking about selling your business in the future? Whether that’s years down the line or just around the corner, it’s important to recognize that your intellectual property (IP) might be worth a lot more than you think. In fact, it’s one of the easiest things for business owners to undervalue. During the buyer’s due diligence process, IP often emerges as a key asset. What they find (or don’t find) can significantly influence the sale price. Understanding the Value of IP When people assess a business's worth, they often focus on revenue, customer lists, and physical assets. However, intellectual property should definitely be on that list, too. Think about it: a strong trademark, a solid copyright portfolio, a reliable patent, or a protected trade secret are all unique assets that a buyer can’t easily replicate. This uniqueness is what drives up the value of your business. A well-maintained IP portfolio not only demonstrates your business’s long-term potential but can also directly impact how much a buyer is willing to pay. On the flip side, if your IP is undocumented, unregistered, or unclear, it can seriously harm your business’s value . If buyers can’t verify your IP, they’re unlikely to pay for it, and in some cases, it could even derail the sale entirely. Navigating Ownership Complications One of the most common pitfalls for business owners comes right before a sale. Many assume that their business automatically owns everything it creates, like its website, branding, and technology, simply because it paid for it. However, IP created by contractors, freelance developers, or even some employees is not guaranteed to be owned by the business unless it's clearly outlined in contracts. A real-world example of this can be seen in the case of Whitewater West Industries, Ltd. v. Alleshouse . After acquiring a business, the new owner had to defend patent rights involving inventions created by a former employee. The court battle highlighted a significant risk for buyers: if the assignment paperwork from the past isn’t clear or ownership isn’t well-documented, they could find themselves in a dispute over rights to the very technology they thought they had purchased. What Buyers Really Want During due diligence, buyers and their legal teams typically look for: Registered trademarks, patents, and copyrights that are current and properly filed. Written agreements that clearly assign IP created by contractors and employees to the business. A clear history of ownership without any hidden disputes or litigation related to the IP. Experts recommend that business owners start tightening up their IP documentation six to twelve months before putting their business on the market, rather than waiting until the last minute. The businesses that fare best during a sale are those that have treated their IP as a valuable asset, documented ownership clearly, and kept everything organized well in advance. A Little Preparation Goes a Long Way If you’re even slightly considering selling your IP in the coming years, now is a great time to review your IP portfolio. If patents are likely to be part of the sale down the road, it would be wise to consult a patent attorney to examine your assignment records and ownership chains before buyers start asking questions. Similarly, you should be using and protecting your trademarks properly, with clear ownership of the trademarks and their goodwill. Additionally, since copyrighted content, software, and creative assets are crucial for valuation, working with copyright law firms that understand how these assets are valued can make a big difference. Rosenthal IP LAW is here to help you set up a consultative service to protect and document your IP, ensuring it adds value to your business rather than becoming a question mark during a sale.

IP Simple Enough for an 11-Year-Old

By Larry Rosenthal • April 23, 2026

Trademarks and Patents - What Are They and Some Important Facts

Thank These Innovative Women for Inventions We Commonly Use Today

By Larry Rosenthal • March 24, 2024

Although the right for women to vote in the US didn’t arrive until 1920, women were given the right to apply for a patent at the same time as men in 1790, when the Patent Act passed, allowing anyone to petition for protection of their original inventions and designs. This paved the way for Mary Dixon Kies to become the first woman, in 1809, to successfully file a patent that belonged to her. It was for a process of interweaving silk or thread into straw to make fashion-forward straw bonnets. Today we’re giving a very grateful shout out to the following 7 women whose ingenuity gave us everyday items of convenience we can’t live without. The Call Button. Miriam Benjamin , a schoolteacher, invented the “gong-and-signal chair” in 1888, which made it possible to call for assistance while seated, anywhere attendants were needed. From noisy train stations and hospitals to hotels, theaters, and offices, this handy tool allowed users to receive services wherever desired. The next time you’re on a flight and want to hail the flight attendant, thank Miriam as you press that call button above your head . Central Heating. Alice H. Parker filed a patent for her heating system in 1919, which involved drawing cool air into a gas furnace, then passing it through a heat exchanger, which then transported the heated air throughout the house via ducts. Now using natural gas instead of wood, her invention changed the game for domestic heating. Wi-Fi, Bluetooth, GPS. Hedy Lamarr , the actress who starred in Samson and Delilah, Ecstasy, and Ziegfeld Girl in the 1930s and 40s, was involved in developing a device that would prevent enemy ships from blocking torpedo signals during the Second World War. The invention allowed radio guidance transmitters and the torpedo's receiver to jump between frequencies simultaneously, which became known as "frequency hopping." Today, this is known as spread spectrum technology, and it gave way to the development of Wi-Fi, Bluetooth, and GPS. Windshield Wipers. Mary E. Anderson made her living being a rancher and real estate developer. However, in 1903, Anderson came up with a system that could automatically wash cars, which then gave way to the windshield wiper. Car Heater. Margaret A. Wilcox made traveling far more comfortable when, in 1893, she filed a patent for a car heating system. Originally designed for public railway cars, this technology has been consistently updated over the years and led to the car heaters we appreciate today. This heating system involved running a channel of air through the engine, where it was heated, and then sending it back into the rail cars. Ice Cream Maker. Nancy Johnson invented a device in 1843, the Artificial Freezer, which was the first hand-cranked ice cream churn. It sped up the amount of time it took to make ice cream or sorbet. Prior to her ingenuity, ice cream was made using very intensive labor and it often took a person hours to make. Funny enough, at that time, one could make the frozen treat but we’d have to wait a few years to find a way to store it so that it remained frozen since refrigerators hadn’t been invented yet. Caller ID. Shirley Ann Jackson , a physicist, is responsible for making caller ID accessible to all of us. In 1976, Jackson was hired by AT&T, where she researched in a number of fields. From this research, Jackson developed caller ID technology, something we wouldn't want to live without today. Not all patent filers started out as engineers or scientists – as you can see, they came from all walks of life and had one thing in common – the strong desire to pursue their creative idea to fruition. Registering a trademark or applying for a patent is an endeavor that has become more detailed and intricate over the years. There are enough possible twists and turns in the life of your application to deserve guidance from a professional. I work with my clients from initial consultation, to understand their product and intention, and through every single step, roadblock, and detour. If the thought of registering a trademark or applying for a patent has been your dream and passion, let’s discuss how to make it happen.

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COPYRIGHT LAW