Starting a Business After Retirement? Copyright Your Work Now

Last updated on March 18th, 2025 at 02:55 pm

You are starting a business after retirement and you are worried about someone copying your ideas. How do I protect my business name, logo, and documents? Several mechanisms exist to help you protect your investment. Trademarking your name and logo is a good start but trademarks are not practical when it comes to documents, sales, and marketing materials.

We will show you in this article how the concept of “Copyright” works. Check out our article on Trademarks, part of our extensive series on Starting a Business After Retirement.

Table of Contents

Copyright Protection for Small Business Owners: A Key to Financial Security and Business Growth

Starting and running a successful business requires careful planning, from selecting the type of business to ensuring legal protection for your original works of authorship. Many small business owners and entrepreneurs overlook the importance of copyright protection, which can provide a competitive edge while safeguarding creative works like literary works, graphic design, artistic works, and business branding.

Difference Between a Trademark and Copyright

Both trademarks and copyrights are types of intellectual property protection, but they serve different purposes.

Trademark
- Protects brand identifiers such as names, logos, slogans, and symbols that distinguish a business’s goods or services.
- This prevents others from using similar marks that could confuse customers.
- Examples: The Nike “swoosh” logo, McDonald’s golden arches, and the phrase “Just Do It.”
- Check out our article on trademarks here
Copyright
- Protects original works of authorship, such as books, music, videos, artwork, software code, and websites.
- Grants the creator exclusive rights to reproduce, distribute, and publicly display their work.
- Examples: A company’s website content, marketing materials, blog articles, and training manuals.

Why a Business Should Have Both

A business should have both trademark and copyright protection because they safeguard different aspects of the company:

Brand Protection (Trademark): Ensures your business identity (logo, name, and tagline) is uniquely yours, preventing competitors from using similar branding.
Content & Creative Work Protection (Copyright): Secures exclusive rights to creative assets like website content, promotional videos, and written materials.
Legal Enforcement: Having both protections allows businesses to take legal action against infringement, which helps maintain their reputation and market position.
Intellectual Property Value: Trademarks and copyrights add value to a business, making it more attractive to investors and buyers.

Applications for Trademark and Copyright

Trademark Application Process:
1. Conduct a search to ensure the trademark is unique.
2. File an application with the U.S. Patent and Trademark Office (USPTO).
3. Include details such as the mark, its category (goods or services), and proof of use.
4. The USPTO reviews and publishes the application for opposition.
5. If no objections arise, the trademark is registered.
Copyright Application Process:
1. Ensure the work is original and in a tangible form (e.g., written, recorded, or published).
2. File an application with the U.S. Copyright Office.
3. Submit a copy of the work along with the application.
4. Once reviewed and approved, the copyright is registered.

RetireCoast has created a comprehensive series of articles titled “Starting a Business After Retirement”, designed to help retirees successfully launch and protect their businesses. One of the key articles in this series, “Starting a Business After Retirement: Register My Trademark Now,” covers everything you need to know about trademarks—what they are, why they matter, and the step-by-step process of registering one.

To make the process even easier, RetireCoast can register your trademark for you, ensuring your business name, logo, and brand identity are legally protected from the start.

The History of Copyright and Trademarks

The concept of copyright protection dates back centuries. The first formal copyright law, the Statute of Anne (1709), was enacted in England, granting authors the exclusive rights to their works for 14 years, renewable once. This was the foundation for modern copyright law. The United States Copyright Act of 1790 further expanded protection, initially covering books, maps, and charts.

Over time, U.S. copyright law evolved, with major revisions in 1909, 1976, and 1998 (with the Digital Millennium Copyright Act protecting digital content). Today, copyright registration with the U.S. Copyright Office is a best practice for securing legal protection against copyright infringement and ensuring statutory damages in federal court cases.

Similarly, trademarks have a long history of protecting business names and logos. The first trademark laws appeared in the late 19th century, culminating in the United States Patent and Trademark Office (USPTO) regulating trademarks to protect business owners from unfair competition. Trade dress, logos, and slogans are all safeguarded under trademark law, preventing third parties from profiting off another company’s brand identity.

Why Copyright Protection is Important for Business Owners

A copyrighted work grants exclusive rights to its copyright owner, preventing third parties from profiting off your hard work. Under the Copyright Act, unauthorized use can result in copyright infringement, leading to statutory damages if the case reaches federal court.

For those pursuing business ventures in online businesses, an online store, or even a sole proprietorship, protecting creative works like logos, marketing materials, and trade secrets is essential. Proper registration with the U.S. Copyright Office ensures legal protection, preventing works from falling into the public domain without permission.

Register your Copyright
click the button at the end of this to register your copyright with the u.s. copyright office

How to Use Copyright in Business Applications

Copyright serves as a crucial form of intellectual property protection for new businesses and established companies alike. Businesses can apply copyright to various aspects of their operations, from marketing to internal documentation and securing valuable assets.

Marketing and Branding – Protecting logos, promotional materials, and original content used in advertisements ensures that competitors cannot copy a business’s creative identity.
Training and Educational Materials – Copyrighted work can be used for internal use, such as employee manuals, training videos, and business presentations.
Software and Digital Content – Businesses offering digital products or proprietary software should copyright their work to prevent unauthorized distribution.
Publications and Blogs – Content shared through company websites, blogs, or white papers can be copyrighted to prevent plagiarism and reinforce brand authority.
Fair Use Considerations – Understanding fair use exemptions helps businesses avoid legal issues when using copyrighted material for commentary, education, or research.

Adding the Copyright Symbol to Work Products

Even if a business does not take the extra step of registering work with the U.S. Copyright Office, adding the copyright symbol (©) to documents, websites, marketing materials, and digital content provides a basic level of protection. The symbol serves as a public notice that the work is owned and that unauthorized use is prohibited.

Most businesses do not routinely register all of their work with the U.S. Copyright Office—only their most important documents, such as books, proprietary research, or flagship branding materials. However, adding the copyright symbol to everyday work products can still establish ownership and discourage infringement.

To use the copyright symbol, include the following:

© [Year] [Business Name]. All Rights Reserved.

Example:

© 2024 ABC Marketing Agency. All Rights Reserved.

This can be placed in the footer of websites, on blog posts, in email templates, and in official business documentation.

How This Works for a Blog Site

For businesses that run a blog site, using the copyright symbol is a simple and effective way to claim ownership of blog posts and digital content. By adding the copyright notice at the bottom of each post or in the website’s footer, businesses establish that their content is protected under copyright law.

Additionally, businesses can:

Include a Copyright Disclaimer – Inform visitors that content cannot be copied or republished without permission.
Use Watermarks on Images – Protect original graphic design work posted on blogs.
Enable Website Copyright Protection Plugins – Many online businesses use tools that prevent third parties from copying text directly from their website.
Monitor for Unauthorized Use – Regularly check for duplicate content to ensure no one is violating copyright law.

What to Do If Someone Violates Your Copyrighted Materials

If you discover that someone has used your copyrighted materials without permission, you have legal options to protect your intellectual property. The best approach is to start with non-litigious methods before resorting to court action.

1. Start with a Cease and Desist Letter

Before taking legal action, the first step is to send a cease and desist letter to the infringer. This letter should:

Clearly identify the copyrighted material being infringed.
Provide evidence proving your ownership of the copyrighted work.
Explain the violation, specifying how the infringer is using your material without authorization.
Demand that the infringer stop using the material and remove all copies.
Set a deadline for compliance to avoid further legal action.

Many copyright disputes are resolved at this stage, as the infringer may not have realized they were violating copyright law.

2. Providing Evidence to the Violator

The copyright owner must prove that they are the original creator of the material. This can include:

A copyright registration certificate from the U.S. Copyright Office (strongest evidence in court).
Proof of creation date, such as drafts, timestamps, or metadata.
Screenshots or other documentation showing how the material was copied and used without permission.

Sending this evidence with your cease and desist letter strengthens your case and encourages the infringer to comply.

3. U.S. Copyright Law and Penalties for Violations

U.S. copyright laws are strictly enforced, and violations can lead to severe penalties, including:

Statutory damages: $750 to $30,000 per infringement (per work).
Willful infringement: Up to $150,000 per work if proven intentional.
Criminal penalties: Fines and even up to 10 years in prison for large-scale violations.
Loss of profits: The product owner can claim profits the infringer made from using the copyrighted material.

Given these penalties, most infringers prefer to settle rather than face legal consequences.

copyright your work now judge — Try to settle out of court

4. Amicable Settlement vs. Going to Court

If the infringer refuses to comply with the cease and desist letter, the copyright owner can pursue legal action. However, many disputes are resolved outside of court through negotiation, including:

Licensing agreements: The infringer pays to legally use the material.
Monetary settlements: A one-time payment in exchange for avoiding court.
Public acknowledgment & removal: The infringer removes the material and may issue an apology.

Going to court is often a last resort due to legal costs, time, and unpredictability.

5. Likelihood of Winning a Copyright Infringement Case

In court, the copyright owner usually wins if they have strong evidence, such as:

A registered copyright.
Clear proof of infringement (identical or substantially similar content).
Evidence that the infringer profited from the violation.

Most cases do not reach trial because the infringer settles after realizing the legal risks. If the copyright is properly registered, the owner has an extremely high chance of success.

Final Takeaway

If someone violates your copyright:
✅ Start with a cease and desist letter to avoid court.
✅ Provide strong evidence of ownership and infringement.
✅ Know your rights—U.S. law has severe penalties for copyright violations.
✅ Consider settling before pursuing litigation.
✅ If needed, take legal action—copyright owners often win cases.

Would you like help drafting a cease and desist letter?

Real-life experience with the law

My experience with copyright issues on my blog sites. Years ago, I was using what I thought were publicly available photos to insert into my blog articles. At the time they came from a Google product that professed the photos were without cost. An attorney contacted me and indicated that I was using photos that were copyrighted and I was to immediately take them off my sites and pay them $x dollars.

With little knowledge at the time of the seriousness of violating copyright law, I went to an attorney. I learned two key things. First, there are attorney boiler rooms around the country that fish for violations for vendors who have created simple art such as a Stop sign.

These vendors contact an attorney after they have allegedly offered them free. What happens is that one person gets it for free and posts it whereas others take and use it.

Photos have digital tracking tags

Photos have digital tracking on them (who knew) and it is easy to locate the use of photos, anyone can do it. The second thing I learned is that the threshold to prove a violation is extremely low and the penalties are way out of proportion to the damages.

Violation of copyright laws is a federal offense and the copyrighted product owners almost always win their cases in court. This is why these ambulance-chasing attorneys feed on unknowing people and get them to pay thousands of dollars to close the case.

I learned a third thing, take your own photos and create your own art or if you buy it, keep a printed copy of the license in case you are approached by an attorney. Never, never, never copy an image of any kind from a website and use it on your website a business card, or anywhere else.

copyright lawyer entering Braden Law Firm — Your attorney can help

Get an attorney

Having said all of this and knowing that I am on the side of good. Do not let anyone copy your work product. As this article indicates the best course is to notify the individual to stop and verify it. If you believe you have lost business as a result, find a good attorney who works on a contingency.

Why a contingency? Most attorneys will not work on business law cases without being paid upfront. Attorneys who work in trademark, patent, and copyright law may see a payday. A simple letter to someone who has cost your business money may result in the violation stopping immediately. Further, the offender is likely to pay the attorney fees and you will receive payment for your losses.

Willful infringement has penalties of up to $150,000 per occurrence potential loss of profits and much more. Someone who is knowingly using your work product can suffer in a very big way. I suggest that you take the time to register your important works with the U.S. Copyright Office.

This link to Michael G. Prestia Attorney at Law is an example of an attorney who specializes in not only business law but Trademarks and Copyrights. Read his blog page here to see the services offered. Michael represented me and cleared everything up. I strongly suggest that you connect with a business attorney even if it’s just a get-to-know-you session. Many attorneys will not charge for the initial interview.

Put a © on everything

Put that circle © on everything. Keep records of the date you first created the document or thing. As a small business owner, you are responsible to not only prevent someone from stealing from you but you need to avoid stealing from others.

If you are creating a website online business. You can find online free policies for such things as copyright policies and post them. Remember you are the copyright holder of what you put on your website. Be sure to acknowledge others if you post their copyrighted materials with permission. Often a simple acknowledgement is all that the originator wants.

This is another reason why having a business insurance policy can protect you from accidentally violating someone else’s copyrighted products. Consider forming a legal entity for your blog site.

To avoid conflict with another creator, it’s a good idea to do some market research to ensure you are creating original material. Scanning the internet is the best way to avoid conflict.

How U.S. Copyright Laws Affect Other Countries

U.S. copyright protection does not automatically apply worldwide, but thanks to international treaties and agreements, copyrighted works from the U.S. often receive protection in other countries. However, enforcement can vary depending on local laws and regulations.

1. International Copyright Protection Through Treaties

Because there is no single “global copyright law,” the U.S. relies on international agreements to extend copyright protection to other countries. The most important ones are:

✅ Berne Convention for the Protection of Literary and Artistic Works (1886)

The Berne Convention is the most widely recognized copyright treaty, with 181 member countries (as of 2024).
It ensures that copyrighted works from one member country are automatically protected in all other member countries without requiring registration.
Example: If you write a book in the U.S., it is automatically protected in France, Japan, Canada, and other Berne Convention countries.

✅ Universal Copyright Convention (UCC, 1952)

Created as an alternative to the Berne Convention, mainly for countries (like the U.S. at the time) that did not want to follow all Berne rules.
Now mostly obsolete since the U.S. joined the Berne Convention in 1989.

✅ World Trade Organization (WTO) & TRIPS Agreement (1994)

The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement requires WTO members to follow Berne Convention standards.
Helps protect copyrights in countries focused on international trade.

✅ WIPO Copyright Treaty (1996) (click)

Introduced new protections for digital works (e.g., software, online content, and media).
Strengthens enforcement in the digital era.

2. How U.S. Copyright Works Internationally

Even though the U.S. is part of these treaties, copyright laws differ by country. Here’s how protection typically works:

🔹 Automatic Protection – If a country follows the Berne Convention, it must grant U.S. works the same copyright protection as local works.
🔹 Duration Differences – The length of copyright protection varies. For example, the U.S. protects works for the life of the author + 70 years, while some countries may have shorter or longer terms.
🔹 Enforcement Challenges – Just because a U.S. copyright is recognized doesn’t mean it’s easy to enforce in another country. Legal action must follow local laws.

3. Challenges of Enforcing U.S. Copyright Abroad

While international agreements grant copyright protection, enforcing rights in another country can be difficult and expensive due to:

🚫 Different copyright laws – Some countries have weaker protections, especially for digital content.
🚫 Lack of enforcement – In certain countries, infringement (e.g., piracy) is common, and legal action may be slow or ineffective.
🚫 Cost of litigation – Suing in a foreign country requires hiring local attorneys and following that country’s legal system.

Example: A U.S. photographer finds their image being used on a European website without permission. Even though Europe follows the Berne Convention, they may need to hire a lawyer in that country to take action.

4. How to Protect Copyrighted Works Internationally

To strengthen international copyright protection, creators and businesses can:

✅ Register in key countries – Some countries offer additional legal benefits if you formally register your copyright there (e.g., China).
✅ Use Digital Rights Management (DRM) – Helps prevent unauthorized copying of digital content (e.g., software, music, eBooks).
✅ Monitor and Enforce – Use services that track online copyright violations and send DMCA takedown notices to infringing websites.

5. Copyright & the Internet: DMCA Takedown Notices

The Digital Millennium Copyright Act (DMCA) applies only in the U.S., but many websites (especially U.S.-based ones) comply with DMCA takedown notices to remove infringing content.

🌍 If a copyright is violated online:

File a DMCA takedown request with platforms like YouTube, Facebook, or Google.
If the website is based in a foreign country, you may need to contact their legal authorities or hosting provider.
Some countries have their own version of the DMCA, such as the EU Copyright Directive in Europe.

Final Takeaways

✔ U.S. copyright does not apply worldwide, but international treaties help protect works in many countries.
✔ The Berne Convention ensures automatic copyright recognition in 181 countries.
✔ Enforcement is difficult in some regions due to legal differences and weak copyright laws.
✔ DMCA takedowns can be effective for online enforcement.
✔ Registering in key markets (e.g., China, the EU) may offer additional protection.

copyright symbol can be generated from a mac keyboard — This Mac keyboard requires the Option + G key for the © symbol

If you need to insert the copyright symbol (©) while typing on your computer, here’s how to do it on both Mac and Windows:

On Mac

✅ Shortcut: Option + G

Hold down the Option key and press G.

On Windows

✅ Shortcut: Alt + 0169 (on the numeric keypad)

Hold down the Alt key.
While holding Alt, type 0169 on the numeric keypad (must have Num Lock on).

✅ Alternative Method (Character Map)
If you don’t have a numeric keypad:

Open Character Map (Win + R, then type charmap and press Enter).
Click Copy, then paste (Ctrl + V) where needed.

Other Ways to Insert the Copyright Symbol

🔹 In Microsoft Word: Type (c) and press Space—it will automatically convert to ©.
🔹 On Websites (HTML Code): Use © or © for web pages.
🔹 On Mobile (iPhone & Android):

FAQ: Copyright Protection for Your Business After Retirement

Starting a business after retirement? Protecting your intellectual property is crucial. Learn how copyright laws can safeguard your creative assets.

1. Why Should You Copyright Your Work?

Copyrighting your work protects original content like articles, logos, and marketing materials from unauthorized use. It ensures you maintain control over your intellectual property and can take legal action if needed.

2. What Types of Work Can Be Copyrighted?

You can copyright original works such as:

Books, articles, and blog posts
Website content and graphics
Logos and brand designs (trademark may be needed)
Videos, photos, and music
Marketing materials and product descriptions

3. How to Copyright Your Work?

To copyright your work effectively:

Create original content and store it in a tangible form (written, recorded, or designed).
Register with the U.S. Copyright Office at www.copyright.gov to strengthen your legal protection.

4. Is Copyright Registration Necessary?

While copyright protection is automatic upon creation, registering your work provides additional legal benefits, including the right to sue for infringement.

5. What is the Cost of Copyright Registration?

As of now, fees range from $45 to $125 per registration. Visit www.copyright.gov for the latest pricing.

6. How Long Does Copyright Protection Last?

For individuals: The creator’s lifetime plus 70 years.
For businesses or work-for-hire: 95 years from publication or 120 years from creation.

7. Can You Copyright a Business Name or Logo?

No. Business names and logos fall under trademark protection. Register them with the U.S. Patent and Trademark Office (USPTO) at www.uspto.gov.

8. What to Do If Someone Steals Your Work?

If your copyrighted work is copied without permission:

Send a cease-and-desist letter.
File a DMCA takedown request for online infringement.
Pursue legal action if necessary.

9. Can You Use Someone Else’s Work in Your Business?

To avoid copyright violations, you must:

Obtain permission or a license.
Use content in the public domain or under a Creative Commons license.

10. Copyright vs. Trademark vs. Patent

Copyright: Protects original content (e.g., writings, images, music, software).
Trademark: Protects brand identifiers (e.g., business names, logos, slogans).
Patent: Protects inventions and product designs.

11. Can You Sell or Transfer Copyright Ownership?

Yes! You can sell, transfer, or license your copyright to monetize your work while retaining full or partial ownership rights.

12. Do You Need an Attorney for Copyright Issues?

Although registering a copyright is simple, consulting an intellectual property attorney can help with licensing, enforcement, and dispute resolution.

Protect Your Work Now!

Copyrighting your work is an essential step when starting a business after retirement. Secure your creative assets to prevent infringement and ensure long-term business success.