Trademark And Copyright Essay
Copyright, patent, and trademark are all different types of intellectual property (IP). Although the three types of IP are very different, people often confuse them.
A brief description of copyright, patents, and trademarks, including a brief discussion of how these forms of IP differ from copyright, is provided below.
A copyright is a collection of rights automatically vested to you once you have created an original work. To understand how these rights can be used or licensed, it is helpful to analogize them to a bundle of sticks, where each stick represents a separate right vested to you as the owner. These rights include the right to reproduce the work, to prepare derivative works, to distribute copies, to perform the work publicly, and to display the work publicly.
As the copyright owner, you have the authority to keep each “stick,” to transfer them individually to one or more people, or to transfer them collectively to one or more people. This can be accomplished through licensing, assigning, and other forms of transfers. The power of copyright allows you to choose the way your work is made available to the public.
The primary goal of the patent law is to encourage innovation and commercialization of technological advances. Patent law incentivizes inventors to publicly disclose their inventions in exchange for certain exclusive rights. A patent protects inventions. These inventions can include new and useful processes, machines, manufactures, compositions of matter as well as improvements to these. Certain computer programs may fall within the subject matter protected by both patents and copyrights. In this respect the patent system compliments copyright protection by providing protection for functional aspects of the software, which are not protected by copyright. Unlike with copyright protection, to get patent protection one must first apply for and be granted a patent from the U.S. Patent and Trademark Office (USPTO). Unlike the copyright registration process, the patent application process is expensive, complex, difficult, and time consuming and generally should not be attempted without the assistance of an experienced patent attorney or agent.
A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods. Examples include brand names, slogans, and logos. (The term “trademark” is often used in a general sense to refer to both trademarks and service marks.) Similar to copyright, a person does not need not register a trademark or service mark to receive protection rights, but there are certain legal benefits to registering the mark with the USPTO. There is rarely an overlap between trademark and copyright law but it can happen — for instance, when a graphic illustration is used as a logo the design may be protected both under copyright and trademark.
|What’s Protected?||Original works of authorship, such as books, articles, songs, photographs, sculptures, choreography, sound recordings, motion pictures, and other works||Inventions, such as processes, machines, manufactures, compositions of matter as well as improvements to these||Any word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others|
|Requirements to be Protected||A work must be original, creative and fixed in a tangible medium||An invention must be new, useful and nonobvious||A mark must be distinctive (i.e., that is, it must be capable of identifying the source of a particular good)|
|Term of Protection||Author’s life plus 70 more years.||20 years||For as long as the mark is used in commerce|
|Rights Granted||Right to control the reproduction, making of derivative works, distribution and public performance and display of the copyrighted works||Right to prevent others from making, selling using or importing the patented invention||Right to use the mark and to prevent others from using similar marks in a way that would cause a likelihood-of-confusion about the origin of the goods or services.|
back to FAQs
1. What does Copyright Protect?
- Literary work (like article, essay, book, poem etc)
- Dramatic work (like drama, play, movie, TV serial etc).
- Musical work (like songs, lyrics etc)
- Artistic work (like painting , drawing, diagram, computer software etc.)
2. What Copyright doesn’t protect?
It doesn’t protect:
- Ideas, Facts, methods of operations or system of operations
- Name, words, phrases, logo, designs, symbols
- Inventions, Discoveries
3. Does Copyright protect the unpublished work?
Yes. Copyright protects even the unpublished work.
4. What does Patent Protects?
Patent protects inventions and discoveries.
5. What does trademark protects?
It protects name, words, phrases, logo, symbols, designs.
6. When is my work protected under copyright law?
As soon as you create your work, it is protected under the copyright law whether or not you register your work with the copyright office. However it is recommended that you get your work registered.
7. What are the advantages of registering your Copyright?
There are two advantages:
- You get a public record of your registration in the form of registration certificate. This certificate is a strong evidence of you owning the copyright of your work.
- If your copyright is registered within 3 months after the date of publication of your work or prior to infringement of copyright then you can also claim for statutory damages and attorney fees in addition to actual damages which is otherwise not possible.
8. Is my copyright registration valid in foreign countries?
Your copyright is valid in only those countries with which your country has copyright relations.
Note: US has copyright relations with all major countries worldwide.
9. Can I Copyright my website?
Yes. You can copyright your website, its contents and photographs.
10. Can I copyright my domain name?
No. Domain names are handled by ICANN.
11. Which circular is used for copyright registration of online work?
Circular 66 is used for registration of online work.
12. Which organization handles patents and trademarks?
US Patent and Trademark Office
13. Can foreigners register their work in US?
Any foreigner whose country has copyright relations with United States can register his/her work in US.
14. How do I register my Copyright?
- Go to the US Copyright office website www.copyright.gov.
- File your application electronically using ECO (electronic copyright office) service or through form CO (copyright office).
- Submit copy of your work to be registered.
- Pay a non-refundable fees of $35 (per application) if you file your application electronically or $50 if you file your application via Form CO.
15. Does each work requires separate application?
16. Do I get back copy/copies of work I sent for registration?
17. Can my copyright registration be refused?
18. Do I get back copy/copies of my work in case my copyright registrations is refused?
No. In such cases any submitted work becomes the property of United States government.
19. Will my personal information be available to public?
20. How long does the registration process takes and when I can get the registration certificate?
Registration process depends upon the current volume of applications. If you have filed your applications electronically then it make take 3 to 4 months. However if you have filed your application through form CO, then it may take 20 months.
[Source: US Copyright office ]
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