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The Myth of ‘Poor Man’s’ Copyright and Trademark Protections: What You Need to Know

Why ‘Poor Man’s Copyright’ and Similar Myths Won’t Protect Your Work

Many creators mistakenly believe in the so-called “poor man’s copyright”—the idea that mailing a copy of your work to yourself provides legal protection. Similarly, some business owners think merely using a name in commerce gives them ironclad trademark rights. Unfortunately, these beliefs can leave you vulnerable to theft, lawsuits, and lost ownership.

At Landry Legal, PLLC, we regularly help creators and business owners secure real legal protection for their work. Here’s why these myths are dangerous—and what you should do instead.


The Truth About Copyright Protection

Copyright law automatically protects original works the moment they are fixed in a tangible medium (such as writing, a digital file, or a painting). However, merely creating a work does not grant you the full benefits of copyright protection—you must register your copyright to enforce your rights in court.

Why ‘Poor Man’s Copyright’ Fails:

  • Mailing yourself a copy of your work does not create a legally recognized record of ownership.
  • It does not allow you to sue for statutory damages or attorney’s fees in case of infringement.
  • The postmarked envelope can easily be tampered with or challenged in court.

What to Do Instead:

  • Register your copyright with the U.S. Copyright Office to establish an official record.
  • Ensure you register your work before infringement occurs, so you can claim higher damages in court.

The Myth of Common Law Trademarks

Some business owners assume that simply using a business name, logo, or slogan in commerce gives them nationwide rights. While common law trademarks do offer limited protection, they have serious weaknesses.

The Problem with Relying on Common Law Rights:

  • Limited Protection – Your rights only apply in the specific geographic area where you use the trademark.
  • Difficult Enforcement – If another company registers the same trademark federally, they can claim exclusive nationwide rights—even if you were using it first.
  • No Presumption of Ownership – Unlike federally registered trademarks, common law marks don’t automatically prove ownership in court.

The Right Way to Protect Your Brand:

  • Conduct a trademark search to ensure your name isn’t already taken.
  • File for federal trademark registration with the USPTO to secure nationwide rights.

Get Real Legal Protection for Your Work

Copyright and trademark myths can cost you ownership, legal rights, and financial damages. Don’t leave your creative work or business vulnerable—take the right steps now.

If you need help with copyright or trademark registration, Landry Legal, PLLC is here to guide you. Email us at contact@landrypllc.com or call now at 888-914-0011 to protect your intellectual property today.

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