8/5/2023 0 Comments Copyright or trademark my logoDurationĬopyright generally lasts for the life of the author or creator of the material, plus seventy years and can extend to performance, display, and web transmission of the work in question. Tangible mediumĪ copyrighted work must be "fixed in a tangible medium of expression." While that may sound technical, it's important to understand.īasically, the work must be established in some fixed form, such as a book, map, chart, print, dramatic work, sculpture, film, sound recording, or computer program. In order to warrant copyright protection, a work must be original. In addition, the holder has exclusive rights to publish and transmit the work on the Internet. RightsĬopyright protection means that the copyright holder of the work retains exclusive rights to print, display, distribute and perform the work. Copyright building blocksįortunately, a few basic building blocks form most of the foundation of the actionable information a person needs to understand his basic rights under copyright. In addition, scholars have dedicated many years and countless volumes to unraveling the complex web that has developed over the years. Since then, courts and lawmakers have attempted to clearly define the laws on copyright protection. In Article I Section 8 of the Constitution, commonly called the "Copyright Clause," the founding fathers formally recognized a group of rights protecting authors and their many forms of original expression.ĭespite their intentions to protect creative works, their words left a great deal of copyright law up to interpretation. In the U.S., copyright protection is specifically outlined in our Constitution. Of the two intellectual property protections, copyright protection is the more clear-cut if not more simple. Patent and Trademark Office, while copyrights are granted by the U.S. Trademarks fall under the auspices of the U.S. In fact, the two protections are so legally distinct they are managed by two different offices within the federal government. Trademarks can protect the use of a company's name and its product names, brand identity (like logos), and slogans. Generally, copyrights protect creative works, and trademarks apply to brand names, phrases, and logos.Ĭopyrights primarily protect the rights of people who create literary, dramatic, musical, artistic, and certain other original works (like history tests, and software code). Copyrights and trademarks definedĬopyrights and trademarks protect distinct creations. If you are in the business of creating unique goods for placement in the stream of commerce, it is essential that you understand the difference between the two. Two of the most frequently confused intellectual property rights are copyrights and trademarks. Intellectual property can be a tricky field to understand, but navigating it properly can mean the difference between waging a vicious court battle to protect your legal interests and quietly enjoying the fruits of your creative labors.
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