Understanding the Difference Between Copyright and Trademark

Intellectual property can be a complex area of law, and it can be confusing to understand the differences between different types of intellectual property protection. In this blog, we’ll take a closer look at two of the most common types of intellectual property protections: Copyright and Trademark.

What is Copyright?

Copyright is a type of legal protection that applies to original works of authorship. This can include things like written works, photographs, music, and software. Copyright gives the owner of the work exclusive rights to control how their work is used, copied, distributed, and displayed.

Under copyright law, the owner of a copyrighted work has the exclusive right to:

• Make copies of the work
• Distribute the work
• Display the work publicly
• Create derivative works (such as adaptations or translations)
• Perform the work publicly (in the case of music or other performance-based works)

Copyright protections last for a specific amount of time, depending on when the work was created and when the creator died. In the United States, for example, copyright protections last for the life of the creator plus 70 years.

What is a Trademark?

A trademark is a type of intellectual property protection that applies to names, logos, symbols, and other distinctive marks that identify a particular business or product. Trademarks are used to differentiate one company’s products or services from those of another company.

Trademark protections give the owner of the mark the exclusive right to use the mark in connection with their business. This means that no one else can use the same or a similar mark to sell similar products or services.

Trademark protections can last indefinitely, as long as the mark is being used in commerce and the owner takes steps to protect the mark from infringement.

Key Differences between Copyright and Trademark

There are a few key differences between copyright and trademark protections:

1. What is being protected: Copyright protects original works of authorship, while trademarks protect names, logos, and other marks that are used to identify a particular business or product.
2. Type of right: Copyright protections give the owner exclusive rights to control how their work is used, copied, and distributed, while trademark protections give the owner the exclusive right to use the mark in connection with their business.
3. Duration of protection: Copyright protections last for a specific amount of time, depending on when the work was created and when the creator died. Trademark protections can last indefinitely, as long as the mark is being used in commerce and the owner takes steps to protect the mark from infringement.
4. Registration: While copyright protections exist as soon as a work is created, trademark protections must be registered with the government in order to receive legal protection.

In conclusion, copyright and trademark protections are both important types of intellectual property protection, but they apply to different types of works and offer different types of legal protection. Understanding the differences between copyright and trademark protections can be helpful for creators and business owners who want to protect their intellectual property and avoid infringing on the intellectual property of others.