COPYRIGHT and TRADEMARK
COPYRIGHT and TRADEMARK
- Copyright is a legal concept, enacted by most governments, giving the creator of original work exclusive rights to it, usually for a limited time.
- Generally, it is “the right to copy”, but also gives the copyright holder the right to be credited for the work, to determine who may adapt the work to other forms, who may perform the work, who may financially benefit from it, and other related rights.
- It is an intellectual property form (like the patent, the trademark, and the trade secret) applicable to any expressible form of an idea or information that is substantive and discrete.
- Copyright initially was conceived as a way for government to restrict printing; the contemporary intent of copyright is to promote the creation of new works by giving authors control of and profit from them. COPYRIGHT and TRADEMARK
- Copyrights are said to be territorial, which means that they do not extend beyond the territory of a specific state unless that state is a party to an international agreement.
- Today, however, this is less relevant since most countries are parties to at least one such agreement. COPYRIGHT and TRADEMARK
- While many aspects of national copyright laws have been standardized through international copyright agreements, copyright laws of most countries have some unique features.
- Typically, the duration of copyright is the whole life of the creator plus fifty to a hundred years from the creator’s death, or a finite period for anonymous or corporate creations. Some jurisdictions have required formalities to establishing copyright, but most recognize copyright in any completed work, without formal registration.
- Generally, copyright is enforced as a civil matter, though some jurisdictions do apply criminal sanctions.
TRADEMARK | COPYRIGHT and TRADEMARK
A trademark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities.
A trademark may be designated by the following symbols:
- TM (for an unregistered trade mark, that is, a mark used to promote or brand goods)
- sm (for an unregistered service mark, that is, a mark used to promote or brand services)
- ® (for a registered trademark)
A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. COPYRIGHT and TRADEMARK
There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories, such as those based on colour, smell, or sound.
The owner of a trademark may initiate legal proceedings for trademark infringement to prevent unauthorized use of that trademark. Most countries require formal registration of a trademark in order to pursue this type of action. COPYRIGHT and TRADEMARK