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Understanding Copyright And Trademark

Sep 3, 2008
Copyright is the process which describes the process of giving legal rights to creators of artistic works. All these works, from novels, plays, newspapers to drawings, sculptures, advertisements, etc., are called artistic works. Even music, technical drawing and computer programs can receive copyrights, as they are part of the artistic works too.

Copyright is important to the creativity of every people. It gives them incentives either in the forms of fair monetary rewards or recognition. The creators are rest assured that they are protected from piracy or unauthorized copying thus they can distribute their works without fear. In return, it enhances knowledge, entertainment, and culture enjoyment across the globe.

If somebody wants to sell and promote their work, they will need a lot of money. Also, using media and communication in order to make your work popular may be a hard job. But most sell their rights to companies which promote their works and they win money through a system called royalties.

However, the economic rights entitled to them are limited only to fifty years after the death of the creator as what is stated in the WIPO (World Intellectual Property Organization) treaties. Longer limits on time can be also established by the national law. This will enable the creators as well as their heirs to gain financial benefits over a specified time limit. Moral rights are also included under copyright protection. The creators are given the right in claiming an authorship or opposing the changes made harming their reputation.

The national legislation of each country gives any individual copyrights. In some cases international treaties may be parts of national laws to make sure that no discrimination is made. It is better for every creator who is interested in these legal matters to consult the National Copyright Administration or CLEA (Collection of Laws for Electronic Access).

WIPO, an intergovernmental organization is administering lots of treaties internationally which is associated to intellectual property rights, requests, and government advice. However, it is mandatory for WIPO to give non-governmental organizations or private persons legal advice. It is much better to consult a copyright lawyer for specific matters.

Copyright is not dependent on official procedures. Created works are considered copyright protected upon its existence. It was stated in the Berne Convention about protecting artistic and literary works that without formalities, these works are already protected provided that the country is a part of the said convention.

WIPO has no system for copyright registration; this can be done in copyright offices in each country. Every country has laws which protect artistic works. Copyright is useful when making a difference between two works, or it may be used in courts when copyright disputes happen.

Trademarks are words, names and symbols that are used as a signature for a company or business in order to make sure that people recognize their products. The brand name is the one who defines a trademark.

Trademark registration is not an obligation, but people can obtain some benefits if they register their trademark: recognition, full rights, a basis to international trademark registration or the right to invoke federal courts. Also it helps a lot if people know the difference between copyright and trademark.
About the Author
Your Trademark Law explains everything you need to know about trademarks, copyrights, and patents. It is your personal reference to protecting your business .
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