When it comes to protecting your intellectual property, two types of legal protection you may need to consider for your business are copyright and trademark.
While both of these types of protection fall under the umbrella of intellectual property, they serve different purposes and apply to different types of assets.
Copyright: Protecting Your Creative Works
Copyright is a form of legal protection that applies to original creative works such as literature, music, films, software, and other works of authorship. It gives the owner of the work exclusive rights to reproduce, distribute, display, and perform the work. In other words, it protects the expression of an idea, but not the idea itself.
Copyright protection is automatic as soon as you create an original work. However, to maximize your protection and enforce your rights, you should register your work with the Copyright Office. This will give you the ability to take legal action against anyone who infringes on your copyright.
The duration of copyright protection depends on several factors, including the type of work and the country in which it was created. In the United States, for example, copyright protection generally lasts for the life of the author plus 70 years. After that time, the work enters the public domain and can be used by anyone without permission.
Trademarks: Protecting Your Brand
While copyright protects creative works, trademarks protect words, names, symbols, designs, and other marks used to identify and distinguish the goods or services of a particular business from those of others. A trademark is used to protect a brand and the reputation associated with it. Effectively it is for protection for “badges of origin” for a business.
Trademarks can include a wide variety of things, from company logos and slogans to product names and packaging. The purpose of a trademark is to prevent others from using a similar mark in a way that could cause confusion or dilute the value of the original brand.
Trademark protection is not automatic, and it requires registration with the appropriate government agency. In the United States, this agency is the United States Patent and Trademark Office (USPTO), in Australia, it is Intellectual Property Australia (IPA). To be eligible for trademark protection, a mark must be distinctive and not too similar to existing marks.
Once registered, a trademark provides the owner with exclusive rights to use the mark in connection with their goods or services. The duration of trademark protection is indefinite, as long as the mark is being used in commerce and is not abandoned and renewed (usually every 10 years).
The Differences Between Copyright and Trademark
While both copyright and trademark fall under the umbrella of intellectual property protection, they serve different purposes and apply to different types of assets. Here are some of the key differences between copyright and trademark.
a. Protecting Different Types of Assets
Copyright protects creative works such as literature, music, films, and software, while trademark protects words, names, symbols, designs, and other marks used to identify and distinguish the goods or services of a particular business.
b. Different Forms of Legal Protection
Copyright protection is automatic as soon as a work is created, while trademark protection requires registration with the appropriate government agency.
c. Different Durations of Protection
The duration of copyright protection depends on several factors, including the type of work and the country in which it was created. In the United States, copyright protection generally lasts for the life of the author plus 70 years. Trademark protection, on the other hand, lasts indefinitely, as long as the mark is being used in commerce and is not abandoned.
d. Different Purposes
Copyright protects the expression of an idea, while trademark protects a brand and the reputation associated with it.
Why You Need Both Copyright and Trademark Protection
If you're creating creative works or building a brand, it's essential to have both copyright and trademark protection to ensure the maximum level of protection for your intellectual property.
For example, if you're a musician, you'll want to copyright your songs to prevent others from reproducing or distributing them without your permission. At the same time, you'll also want to trademark your band name, logo, or album title to prevent others from using similar marks that could dilute the value of your brand.
Similarly, if you're starting a new business, you'll want to trademark your company name, logo, or slogan to protect your brand and prevent others from using similar marks that could cause confusion in the marketplace. You'll also want to copyright any original content you create for your business, such as website copy, marketing materials, or software programs.
The Bottom Line
In summary, copyright and trademark are both forms of intellectual property protection, but they serve different purposes and apply to different types of assets. Copyright protects creative works, while trademark protects a brand and the reputation associated with it. Use the ©symbol on your works, documents to make sure that people know that they are protected by copyright. Use the ™ symbol on your trademarks until they are registered and then you’re allowed to use the ® symbol, not before.
To ensure the maximum level of protection for your intellectual property, it's essential to have both copyright and trademark protection. While copyright protection is automatic, trademark protection requires registration with the appropriate government agency.
If you're creating creative works or building a brand, it's essential to understand the differences between copyright and trademark and take the necessary steps to protect your intellectual property.
Author: Ian Aldridge has almost 20 years experience in providing legal advice to SMEs both in Australia and in the UK. He founded Progressive Legal in 2014 with a NewLaw view of providing better services to growing Australian businesses. He is passionate about protecting them and their owners and has a wealth of experience.
USS LLC blog is a leading technical resource providing insights, latest update and development best practices.
100% Original Post that has not been published before.
Ensure that the post is well researched with tips and screenshots to showcase examples or explain any tools and workflows.
Check your facts and quotations or else your blog will be rejected.
Use research, charts, and expert quotes to back up your argument, and create an interesting thesis.
Ensure that your post does not violate any copyright, trademark, patent, trade secret, or intellectual property rights, privacy rights, or any other legal of any third party.
Our Media and Entertainment advocates with artists, authors, producers, production houses, over the top (OTT) platforms, directors, music directors, and film, television, publishing, and new age media businesses on a wide variety of legal issues.
services include Drafting and negotiating various agreements between artists, producers, production houses, directors, music directors, directors of photography, and others
