Intellectual Property Rights & Defamation with Michael Poropat

Intellectual Property Rights & Defamation with Michael Poropat

General| Writing Tips| Publishing Process
March 26, 2025•4 min read

Navigating Intellectual Property and Defamation: A Conversation with Legal Expert Michael Poropat

Adapted from Episode 10 of the Smart Publishing Impact Series podcast. Subscribe and listen on Apple Podcasts, YouTube, or Spotify for the complete interview.

In the ever-evolving world of publishing, protecting your creative work is crucial. Whether you're a seasoned author or working on your first manuscript, understanding intellectual property rights and defamation laws can safeguard your content and your reputation. To help authors better understand these legal concepts, I recently sat down with Michael Poropat, an experienced attorney specializing in intellectual property and defamation law.

Interview with Michael Poropat

Renée: Michael, thanks for joining me. To start, can you give a brief overview of intellectual property and what authors need to know?

Michael: Absolutely. Intellectual property (IP) is essentially the protection of intangible creations — things like books, music, movies, and brand elements. For authors, the most important areas to understand are:

  • Copyright – Protects your original creative work, such as books, articles, and illustrations.

  • Trademark – Protects brand elements like book series titles, logos, or character names that are associated with your publishing identity.

  • Patents – Typically not a concern for authors, but important for inventors and innovators.

For writers, the key takeaway is that copyright protection begins the moment your work is recorded in a tangible form. Whether you type it into a Word document or write it by hand, that work is technically protected by common law copyright. However, registering your copyright with the U.S. Copyright Office provides stronger enforcement rights, especially if you need to take legal action.

Renée: Speaking of copyright, what about ISBNs? Does obtaining an ISBN automatically provide copyright protection?

Michael: No, an ISBN (International Standard Book Number) is simply a tracking system for published books. While an ISBN proves your book's publication date and helps retailers and libraries identify your book, it does not establish copyright protection. The best way to secure full protection is to formally register your work with the U.S. Copyright Office.

Renée: AI tools like ChatGPT are becoming popular for content creation. What’s the legal standing on AI-generated content?

Michael: This is a big concern right now. Content generated entirely by AI cannot be copyrighted in the United States because copyright law requires human authorship. So, if you instruct ChatGPT to write your book for you, you technically won’t own the rights to it. However, if you use AI tools to assist with editing, improving grammar, or refining your existing content, that’s different — those changes are still your original work.

Also, keep in mind that some AI models have been trained using copyrighted material without permission, adding another layer of potential risk. If you rely heavily on AI, be prepared for legal uncertainty in the years ahead.

Renée: What about trademarks? When should authors consider trademarking their content?

Michael: Authors should consider trademarking when they’re creating a recognizable brand. For example, if you’ve built a successful book series with a memorable title or unique character names, trademarking those elements can protect your intellectual property from imitators.

The process takes around 14-16 months and can be costly, so I recommend weighing the financial investment against the potential risk of infringement. Remember, trademark protection is powerful because platforms like Amazon and YouTube are far more responsive to removing trademark violations than copyright disputes.

Renée: Switching gears — defamation is a topic that doesn’t get enough attention from authors. What should writers know?

Michael: Defamation occurs when someone makes a false statement that harms another person's reputation. In publishing, this risk arises when authors include real-life events or individuals in their work.

Here’s the key: Truth is your best defense. If your content is factual and you have evidence to support it, you're in a stronger legal position. However, if you’re writing memoirs, creative nonfiction, or using real-life inspiration for fictional characters, you should take extra precautions. Avoid including identifiable traits that could be linked to real individuals unless you’re confident in your ability to prove those claims.

Satire is another protective category. Shows like Saturday Night Live thrive on satire, but for authors unfamiliar with its legal nuances, it’s best to consult an attorney if you’re venturing into controversial territory.

Renée: Great advice! Finally, what’s your biggest piece of legal advice for authors?

Michael: Think of legal protection as an investment in your career. Understand what’s valuable to you and protect it accordingly. Whether that’s registering a copyright, filing a trademark, or consulting an attorney, taking proactive steps can save you a lot of time, stress, and money in the long run.

Key Takeaways for Authors

✅ Copyright begins when your work is written down, but registration strengthens enforcement.
✅ Trademarks are ideal for protecting book series, branded characters, and logos.
✅ AI-generated content cannot be copyrighted under current U.S. law.
✅ Truth is your best defense against defamation claims.

Connect with Michael Poropat

For more insights or to schedule a consultation, you can find Michael at:

Legal Disclaimer

The information provided in this blog post is for general informational purposes only and does not constitute legal advice. Readers should consult with a qualified attorney to address specific legal concerns or questions about intellectual property, defamation, or publishing matters. Neither the author nor the interviewee assumes any liability for decisions made based on this content.

Intellectual property for authorsCopyright protection tipsTrademark advice for writersDefamation risks in publishingAI-generated content legal issues
Renée Sanábria Lautermilch is the co-founder of Smart Publishing, an independent publishing firm she started with her husband, Jonathan Lautermilch. Together, they help aspiring writers become bestselling authors through a white glove, end-to-end publishing process. Renée is also the author of bestselling books, including The One-Hour Author, Leading Through Love, and Real Talk With Real Business Pros. With over 20 years of leadership experience across healthcare, education, fitness, and hospitality, she holds a Bachelor's in Human Resources, an MBA, and an M.Ed. in Instructional Design. Renée has received international recognition, including Learning Leader of the Year from the Learning and Performance Institute. Her blend of business, publishing, and academic expertise informs her work as an editor and mentor, guiding authors with confidence and passion.

Renee Lautermilch

Renée Sanábria Lautermilch is the co-founder of Smart Publishing, an independent publishing firm she started with her husband, Jonathan Lautermilch. Together, they help aspiring writers become bestselling authors through a white glove, end-to-end publishing process. Renée is also the author of bestselling books, including The One-Hour Author, Leading Through Love, and Real Talk With Real Business Pros. With over 20 years of leadership experience across healthcare, education, fitness, and hospitality, she holds a Bachelor's in Human Resources, an MBA, and an M.Ed. in Instructional Design. Renée has received international recognition, including Learning Leader of the Year from the Learning and Performance Institute. Her blend of business, publishing, and academic expertise informs her work as an editor and mentor, guiding authors with confidence and passion.

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