Understanding Copyright And Trademark

By Business Editor

Understanding the difference between a copyright and a trademark can help you in your business planning and business development processes ...

Understanding the distinction between a copyright and a trademark is necessary. It also helps you in your business planning and development processes.

A trademark is a word, device, symbol, name, or combination of any of these elements intended or used in business to distinguish and identify the products of one company or seller from products sold or manufactured by others, and indicate sources of the products. To make it simple, a brand name defines a trademark.

Registration of a trademark is not required by the government. However, several advantages can be given if a trademark obtains federal registration. It includes evidences of trademark's ownership, nationwide constructive notice about the owner's claim, federal courts jurisdiction can be invoked, registration can be a basis to obtain international trademark registration, and registration can be filed with the customs service of the U.S. to prevent infringing of imported goods.

A copyright describes the process assigned to creators of artistic and literary works who have been assigned certain legal rights over their intellectual property. Literary works that are protected by copyright include poems, novels, plays, newspapers and reference works. Artistic works include drawings, paintings, sculpture, photograph, advertisements, architecture, technical drawings, and maps. Other forms of copyrighted works can include databases and computer programs, musical compositions and choreography.

Copyright is an important aspect of protecting people's creativity. It gives them an incentive to create works which enrich and enhance human culture and society in return for monetary compensation or recognition. The creators or their assigned agents who control the copyright to their works can rest rest assured that they are protected from piracy or unauthorized copying and that they can distribute their works without fear.

Works that are originally created and covered by copyrights have some basic rights which can be passed on to the owners' heirs. They are holding exclusive rights to use or give consent to other people to use their works through an agreement. The original creator can authorize or prohibit:

  • Reproduction in different forms including sound recording or printed publication.
  • Public performances as in musical works or plays.
  • Recordings in different forms including videotapes, cassettes, or compact discs.
  • Broadcastings via cable, radio, or satellite.
  • Translations to other languages or adaptations. One typical example is a novel used in a screenplay.

Most creative works under copyright require financial investment, communication, and mass distribution upon dissemination using different media. It includes publications, films, and sound recordings. The creators of copyrighted works often sell the rights of their works to companies or individuals who then market these to the general public. The payment for usage and assignment of these copyrighted works rights is known as royalties, and are independently made to the creator by their agents based on the actual works usage.

It is important to note, however, that the economic rights entitled to copyrighted works are limited to fifty years after the death of the creator, as stated in the WIPO (World Intellectual Property Organization) treaties. Longer limits on time can be established by national law. This will enable the creators as well as their heirs to gain financial benefits over a specified time limit. Moral rights are also included under copyright protection. The creators are given the right in claiming an authorship or opposing any changes made to their work which could have the affect of harming its quality, meaning or reputation.

Copyright and other related rights are given by individual countries through national legislation. Many international treaties apply national laws to ensure that a number of rights are granted to the original creators based on nondiscriminatory status. The creators can consult the National Copyright Administration or CLEA (Collection of Laws for Electronic Access) WIPO database.

WIPO, an intergovernmental organization currently administers many treaties internationally which are associated to intellectual property rights, requests, and government advice. However, it is not mandatory for WIPO to give non-governmental organizations or private persons legal advice. It is much better to consult a copyright lawyer for these specific matters.

Copyright is not dependent on official procedures. Created works are considered copyright protected upon its existence. It was stated in the Berne Convention about protecting artistic and literary works that without formalities, these works are already protected provided that the country is a part of the said convention.

A system for copyright registration is not provided by the WIPO. But many countries have national copyright offices. National laws are allowing registration for artistic and literary works to serve some purposes. Copyright can distinguish work titles, or become a prima facie proof used in courts to solve copyright disputes.

Next article: Understanding What A Patent Is

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For more information about Trademarking-related resources, see our Business resources section, subscribe to our Business Newsletter containing news, updates and insider tips, or go to more articles about Trademark Copyright.

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