Intellectual property is a vast topic that could be endlessly discussed. Not to worry though - I’m going to adhere to the famous ‘KISS’ principal (Keep It Simply Silly) and highlight the main principles behind Trade-Mark Law and Copyright Law.
What’s Protected Through Trade-Mark Law?
A Trade-Mark is essentially a word, symbol, and/or design that is used to distinguish the goods and services of one organization from another. It grants its owners the exclusive use of the mark to be identified with their good or service. A ‘TM’ can be used for trademarks not yet registered, and an ‘R’ (in a circle) is used to identify registered trademarks. Some countries, such as the United States, use a ’service mark’ ‘SM’ to distinguish between marks used for services. The ‘SM’ is only used for unregistered services.
Trademarks may be protected through use (however, the mark will only be protected in the specific area where the reputation for the mark has been acquired through use). Otherwise, a trademark can be protected through registration. Registering a Trademark grants the user the exclusive right to use that mark.
A trademark registration is only valid in the country where it was filed, with exception to the European Union, where there now exists a Community Trade Mark (CTM) which covers the mark in all EU countries.
What’s Protected Through Copyright Law?
Copyright does not protect names, titles, slogans or symbols. Rather, copyright protects the expression of literary and artistic work. For example, you cannot have a copyright on a band title, but you could own the copyright on the artistic expression of your band’s logo.
When a person creates an original work that is put in a fixed form (i.e. on paper, CD, DVD, flash drive, etc.), they automatically own the copyright. In other words, the person owns the rights to: reproduce the work, perform the work, record the work, broadcast the work, translate the work, adapt the work into a different form (i.e. a novel into a screenplay). These rights are granted for a specific period of time (usually around 50-70 years after the death of the author) until the work is considered to part of the ‘public domain’ (i.e. people no longer require permission to use or reproduce the work). Although copyright is automatic upon its creation in a fixed form - it’s often recommended to register the work for additional proof of ownership should the work be copied.
Works that fall under Copyright Law are generally characterized into one of these categories:
o Literary Work (novels, poems, computer software source code)
o Artistic/Visual Arts (sculpture, drawing, illustration, graphic design, plans, maps, photographs, architectural work)
o Dramatic (films, videos, choreography), Musical (musical composition with or without words)
o Sound Recordings (recordings of music, drama, or lectures)
o Serial & Periodicals (periodicals, newspapers, magazines, bulletins, newsletters, annuals, journals, proceedings of societies)
Disclaimer
The above information is meant as a general guide to further your copyright and trademark knowledge and does not constitute legal advice. For questions about your specific work, you should consult a copyright lawyer in your country.
Justine Shoolman is a Founder of Copyright Creators (CC), a service inspired by the shortfalls of “poor man’s copyright”. CC protects copyright for life with no membership fees. Visit CC today to receive 4 free registrations.
