Copyrights apply to written work, film, audio and computer programming files.
Trademarks consist of symbols, words, phrases or a combination of the three that represents a company on signs, documents and sales materials. Because many logos include original artwork, a company may wish to get both a copyright and trademark to protect itself from other companies using the brand recognition for its own benefit.
Trademarks consist of symbols, words, phrases or a combination of the three that represents a company on signs, documents and sales materials. Because many logos include original artwork, a company may wish to get both a copyright and trademark to protect itself from other companies using the brand recognition for its own benefit.
University of Illinois Standards Guide
Copyright VS.What do they protect?
An original creative work (such as a play, novel, song, sculpture, photograph, choreography or architectural plan). Which Federal Offices issue copyrights? U.S. Copyright Office / United States How offen do I need to copyright? Lifetime of the author, plus 70 years. You do NOT need to renew but do require an initial application fee of $30-100. If I do not copyright my work what are the consequences? Without a registered copyright, you still own all rights to your creative work. But with a registered copyright, you can enforce federal copyright protection in court. Who typically apply for copyright protection? Authors, artists, choreographers, and other creative professionals. EXTRAS: When you create an original work, you automatically own the copyright. Copyright applies to written work, images, music, performances, sculpture and movies. It gives you the exclusive right to copy and distribute your work, prepare derivative works, perform your work publicly, show your work, or play recordings. If your business pays an employee or contractor to create a work, it is a work made for hire, and the copyright belongs to the company. Copyright notice: The copyright notice consists of three elements: • the "c" in a circle (©) • the year of first publication • the name of the owner of copyright. A copyright notice is no longer legally required to secure copyright on works first published on or after March 1, 1989, but it does provide legal benefits. May only mention phrases such as Powered by, Brought to you by, Supplied by. |
TrademarkWhat do they protect?
A name, logo or symbol used to identify commercial goods or services. Which Federal Offices issue trademarks? U.S. Patent and Trademark Office / United States How often do I need to register trademarks? Unlimited, so long as the owner renews every 10 years and continues to use the trademark. Initial application fees can amount anywhere from $200-100,000+ dependent upon the volume of the TM. If I do not trademark my work what are the consequences? So long as you are not infringing on another trademark, you can gain rights to the mark simply by using it. But with a registered trademark, you can enforce federal trademark protection. Who typically apply for trademark protection? Business or product owners.Freelance Designers Trademarks can be owned, but also licensed. Example: Lego bought a “license from LucusFilms to use and promote the Lego Star Wars. "Star Wars” carried a trademark (TM) but was purchased for use by Lego. ™ (the "trademark symbol", which is the letters "TM", for an unregistered trademark, a mark used to promote or brand goods) ® (the letter "R" surrounded by a circle, for a registered trademark, used to promote the entire entity, company, brand, goods and ideas related to the company) |
