Do I Need to Copyright and Trademark My Work?

February 24, 2010 :: Posted by - admin :: Category - Copyright Law
Copyright and trademark are legal devises utilized to protect intangible intellectual property. What exactly is intangible intellectual property? Intangible intellectual property encompasses all original content, including text, graphics and sound. This short article, for instance, is often a piece of intellectual property. Copyright law prevents readers from “stealing” it and passing it off as their own.

Trademark is different from copyright. Trademarks are made to protect what is called “branding,” the industry specific kind of intellectual property. Regardless of how good of your chef you are, you cannot grill up some burgers, add some cheese, lettuce and tomatoes, and put up an indication calling your small business Burger King. Burger King, for better or worse, can be a model; it’s really a registered trademark protected under law.

Whether you ought to affirmatively copyright or trademark work is dependent upon conditions. In fact, original submissions are automatically protected by copyright law, whether you register it or otherwise, whether allowing others notice or otherwise not. By my writing it, this article is copyrighted.

For this reason, it’s not at all always essential to affirmatively copyright your work. Quite simply, it’s not at all always important to register it with the U.S. Copyright Office. But you will find circumstances where you’d be well served to take the excess some time and expend the additional effort to take action. Should your intellectual property has real value, i suggest you further protect it from punctures. Registering and giving notice of copyright serves as evidence in intellectual property cases. In many instances, it’ll prove conclusively that the operate in question is assigned to you.

Registration and notice of copyright also give the laws of copyright their teeth. There are provisions inside the copyright law that could help you to recover additional damages, including attorneys’ fees.

It noted that copyright law does not protect ideas. If you would like write an innovative novel about a Harvard professor who specializes in symbols and discovers the Holy Grail, go right ahead. Author Dan Brown knows it, which explains why he successfully defended himself against allegations he stole another author’s ideas in creating “The Da Vinci Code.”

Likewise, copyright law does not protect systems, procedures or methods. No protect facts or clerical content. It doesn’t protect content which is inside public domain or content authored through the Usa government. And copyright law doesn’t protect content that is truly trite. That’s the reason we both can say, “That’s hot,” all we wish without having to pay a cent to hotel heiress Paris Hilton.

Tags: , , ,

Leave a Reply