A: A wise man once said, "The biggest difference between a copyright and a patent is the number of lawyers it takes to do the paperwork." There is a point to be made there, mainly that if this wise man had paid his attorney to copyright that tidbit of wisdom I probably would have had to pay him five bucks to use the quote.
Copyrights, trademarks and patents are similar in that they are designed by law to protect your rights of ownership, but that's where the similarity ends. A copyright protects a creative work; a trademark protects a brand or company identity; and a patent protects an invention or process.
A copyright protects the rights of anyone who creates an "original work of authorship." A copyright owner has the exclusive right to reproduce the work; prepare spin-off works based on the copyrighted work; and to sell, perform and/or display the copyrighted work in public.
Copyright protection is afforded to eight categories of creative works: literary works (the written word); musical works (lyrics, music, melodies); dramatic works (plays, scripts, screenplays); artistic works (pictorial and sculptural), sound recordings (LPs, CDs, audio tapes); choreographic works (dance, pantomime); audiovisual works; and architectural works (blueprints, designs, renderings).
An original work is automatically copyrighted the moment it is put into a fixed format such as a paper copy or recording. In other words, once you put your original story in writing or make a recording of an original song, your copyright is automatically secured. From that moment on your work has copyright protection for your lifetime, plus 50 years after your death.
Registering a work with the U.S. Copyright Office is not required, but since it is relatively simple and inexpensive to do so, I advise that you register a copyright for each work you wish to protect. Also, your copyright must be registered in order to take legal action against someone who might infringe on the copyright in the future.
You can register a copyright without the assistance of an attorney. Simply visit the U.S. Copyright office website at http://lcweb.loc.gov/copyright/ and download the appropriate form. Complete the form and send it in with a $30 nonrefundable filing fee. This must be done for each individual work you wish to protect.
A patent is a form of protection granted to an inventor that protects his invention in the United States for up to 20 years from the date of application. Patent law states that, "whoever invents or discovers any new and useful process, machine, manufacture, composition of matter, or any new and useful improvements thereof may obtain a patent." Owning a patent gives you the legal right to stop someone else from making, using or selling your invention (or one that's very close to it) without your permission. However, proving that someone is infringing on your patent is often difficult and usually requires a trial to settle the dispute.
Since the first U.S. patent was awarded in 1790, more than five million patents have been awarded. The patent office receives more than 230,000 patent applications every year and I can tell you from personal experience that a turtle on Prozac moves faster than the patent process. Patents can take several years, truckloads of paperwork, and considerable legal fees to obtain. The cost of obtaining a patent can run from $500 for a simple design patent to $50,000 and more for a complex utility patent. However, if your company has a truly patentable idea, you would be wise to invest the time and money required to secure your rights. A good patent can be a valuable business asset.
While you can file a patent yourself, I strongly advise that you use an attorney since a naively written patent application often isn't worth the paper it's printed on. Just recently my attorney did a patent search for me only to discover that a patent for a similar product was already in place. However, due to the ineffectual language of the patent application, the patent was practically impossible for the owner to enforce.
Good news for me. Not so good news for the wise man who wrote his own patent.
Here's to your success!
Tim Knox tim@dropshipwholesale.net
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So you've put all this work into your business: you've got a name, you've made some marketing materials, even written some things for your customers. If you don't want your competitors to be able to take what you've done and exploit it, though, you're going to need to take some steps to protect yourself.
Your name is one of the most important assets your business has -- it's how your customers identify you. Knowing your name is the first step to trusting you and recommending you to others. But what can you do if you're afraid that someone else might start using your name, or simply start another company with a similar enough name to confuse people?
You can trademark both your business' name as well as the names of any products you sell. The only condition is that they can't be too similar to names that someone has already trademarked, and you can't usually trademark words that are in common use.
Copyrights are similar to trademarks in terms of the kind of protection they offer, but different in how they work. In almost all countries, ownership of copyright is automatic, and costs nothing. The moment you write (or draw, or record) something, you own the copyright on it, and can take action against anyone who makes a copy of it without your permission. This article you're reading right now, for example, has the automatic copyright. If you decided to copy it without permission and put it on your own website, then that would be illegal. Not that you would do such a thing, of course.
A copyright lasts longer than a trademark: typically it lasts until you die, and then a set number of years after that, depending on your country and the kind of thing that was copyrighted. After the end of this time, the work becomes 'public domain', free for anyone to use.
Of course, copyright is a right, not something that you absolutely must go along with. If you want to give people permission to freely use and redistribute something you've made, then you have the legal right to do this. You can even give up your copyright on a piece of work altogether, simply by writing on it that you no longer want to own the copyright.
"In the business world an executive knows something about everything, a technician knows everything about something and the switchboard operator knows everything." Harold Coffin.
Both Tim-knox & David Mclauchlan are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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