Can I Use That? A Massachusetts Small Business Guide to Copyright & Trademarks
- Nathan Harding
- Sep 6
- 4 min read
Last updated: September 2025
You're building your new website and need a great photo for the homepage. You go to Google Images, find the perfect one, right-click, and save. It's that easy, right?
Unfortunately, that simple action could lead to a very expensive "cease and desist" letter from a lawyer demanding hundreds or even thousands of dollars for copyright infringement.
As a small business attorney serving entrepreneurs across Massachusetts, I've seen too many business owners learn this lesson the hard way. One client received a $60,000 demand letter for using a multiple "stock" photo they found through Google Images.
For Massachusetts small business owners, understanding the basics of intellectual property (IP) isn't just for tech giants it's a fundamental part of operating professionally and protecting your own brand. Let's break down the two types of IP you'll encounter every day: copyright and trademark.
Copyright 101: Protecting Creative Works for Small Business in Massachusetts
What Copyright Actually Covers
Copyright is a legal protection for original creative works, including:
Photographs and graphics
Website content and blog posts
Marketing materials and brochures
Videos and audio recordings
Software code
Product descriptions
Here's the key point: The moment someone creates something original, they automatically own the copyright to it. No registration required.
The Real Cost of Copyright Infringement
Many Massachusetts business owners think copyright infringement is just about getting a "slap on the wrist." The reality is much more serious:
Statutory damages can range from $750 to $30,000 per work infringed
Willful infringement can result in damages up to $150,000 per work
Attorney's fees for the copyright owner (which you'll have to pay)
Legal costs for your own defense
How to Source Content Legally
Option 1: Create it yourself The safest bet! When you create original content, you own it outright.
Option 2: Use properly licensed stock photos
Paid services: Adobe Stock, Getty Images, Shutterstock
Free options: Unsplash, Pexels, Pixabay
Always read the license terms carefully—some require attribution
Option 3: Hire professionals with clear contracts When you hire a photographer, designer, or copywriter, your contract should specify:
Who owns the final work (ideally as "work for hire")
Usage rights and limitations
What happens to unused concepts or drafts
Massachusetts-Specific Considerations
While copyright is federal law, Massachusetts has additional protections under the state's Consumer Protection Act (Chapter 93A) that small business owners should be aware about as it can add penalties for deceptive business practices, including improper use of copyrighted materials.
Trademark 101: Protecting Your Brand Identity
What Trademarks Protect
A trademark protects the elements that identify your brand in the marketplace:
Business names
Logos and design elements
Taglines and slogans
Even distinctive product packaging (trade dress)
The symbols ™ (unregistered trademark) and ® (registered trademark with the US Patent and Trademark Office) indicate a brand's claim to a name or logo.
The "Likelihood of Confusion" Standard
Before you fall in love with a business name or logo, you must ensure it won't confuse customers about which business they're dealing with. This isn't just about identical names—similar names in related industries can still cause problems.
A quick Google search isn't enough. You need comprehensive trademark searches that include:
Common law trademarks (unregistered but still protected)
Domain name registrations
Social media handles
Massachusetts Business Registration vs. Trademark Protection
Many business owners mistakenly believe that registering their business with the Massachusetts Secretary of State provides trademark protection. It doesn't. Business registration only ensures you can legally operate under that name in Massachusetts—it provides no protection against trademark infringement claims.
Building IP Protection Into Your Business Plan
For New Businesses
Conduct comprehensive trademark searches before finalizing your business name
Register your domain name as soon as possible
Consider federal trademark registration for broader protection
Establish social media accounts with consistent handles
Create original content policies for your team
For Established Businesses
Audit your current content for potential copyright issues
Review your trademark portfolio for gaps in protection
Update vendor contracts to address IP ownership
Train employees on proper content usage
Consider trademark registration if you haven't already
When to Seek Legal Help
As a Massachusetts small business attorney, I recommend consulting with an IP lawyer when you're:
Starting a new business and need trademark clearance
Expanding into new markets or product lines
Receiving cease and desist letters (don't panic, but don't ignore them)
Planning major marketing campaigns with significant content needs
Entering partnerships where IP ownership might be unclear
Red Flags That Require Immediate Legal Attention
Contact an attorney immediately if you:
Receive any legal notice about IP infringement
Discover someone using your business name or logo
Are planning to use a name similar to a larger company
Have employees creating content without clear ownership agreements
Protecting Your Massachusetts Small Business
Operating your business professionally means respecting the intellectual property of others and taking proactive steps to protect your own. The upfront investment in proper IP protection is minimal compared to the potential costs of infringement—or the devastation of being forced to rebrand your entire business.
Don't learn these lessons the hard way. From comprehensive trademark searches to bulletproof contracts with content creators, proper legal guidance can save you thousands of dollars and countless headaches down the road.
Need help navigating intellectual property issues for your Massachusetts small business? Contact [Your Firm Name] for a consultation. We help entrepreneurs across Massachusetts build strong, legally protected brands while avoiding costly IP mistakes.
Ready to protect your business? Schedule a free consultation to discuss your intellectual property needs and ensure your brand is built on solid legal ground.
About the Author
Nathan Harding is a small business attorney serving entrepreneurs throughout Massachusetts. I help small businesses navigate complex legal issues while building sustainable, protected brands.
