Copyrights & Trademarks: Do You Need Both?

Protecting the intellectual property aspects of your business is a worthwhile investment. However, it is difficult to know what form of intellectual property works for what facets of your business. Let's take the time to break all that down.

Copyrights:

Copyrights can be obtained for things of an artistic nature. This includes, of course, poetry, films, sculptures, music, fiction, etc. But can also include things that may not necessarily seem "artistic" in the general sense of the word. Copyrights can also be obtained for advertising copy, games, software programs and blueprints, to name just a few.

To protect text as it appears on advertising copy, speeches, pamphlets, brochures, online works, reports, etc. a Literary Works application would be filed.

To protect pictorial or graphic items such as technical drawings, posters, labels, games, etc. a Visual Art Works application would be filed.

Only a few items that could be protected by copyright are noted here so if you have other items in mind, please feel free to email me at Shannon@tmexpress.com and I can point you in the right direction.

Trademarks: A "registered trademark", or ®, refers to a name, slogan or logo that has been officially registered with the United States Patent and Trademark Office (USPTO). Registering a trademark is beneficial to a business because it publicly states that your trademark is registered with the USPTO and therefore, you have exclusive rights to that name within your industry.

Prior to investing your time, money & effort into a name, it is strongly advised that comprehensive research be conducted to ensure that the name you're interested in is truly available.

This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.

Mention our blog & get $25 off of our Research & Application Package.

Copyright Visual Art Works

Last week, we explored the online works section of the Literary Works registration.

Next up is the Visual Art Works registration, which is actually quite cut and dry.

Here are some examples given by the US Copyright Office:

" ● Advertisements, commercial prints, labels
● Artificial flowers and plants
● Artwork applied to clothing or to other useful articles
…
● Patterns for sewing, knitting, crochet, needlework
● Photographs, photomontages
● Posters
● Record jacket artwork or photography"

Check this site for specifics about crafts and visual art information.

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Copyright Your Online Work

Last week I provided some general information about copyrights. Now, I'll delve a bit deeper into the areas of copyrightable materials, specifically the more atypical types of works that can be protected by copyright.

First on the list at the US Copyright Office web site is Literary Works.

Okay, so things like poetry, speeches, dissertations, etc. are easy enough to understand. The one type of literary work I get asked about is protecting online work. The US Copyright Office has a handy-dandy 8 page section about Copyright Registration for Online Works. How's about we break that down to some manageable parts.

The above circular describes online works as those that are "made available over a communications network such as the Internet…also applies also to works accessed via network (websites, homepages, and FTP sites) and files and documents transmitted and/or downloaded via network."

It's important to note that "the registration will extend only to the copyrightable content of the work as received in the Copyright Office and identified as the subject of the claim."

While this information is referenced within the Literary Works area of the site, there are other relevant registrations. Here's what the US Copyright Office lists:

• Form TX—literary material, including computer programs and databases
• Form VA—pictorial and graphic works, including cartographic material
• Form PA—audiovisual material, including any sounds, music, or lyrics (*See filing fee information on page 3.)
• Form SR—sound recording, excluding sounds accompanying an audiovisual work
• Form SE—a single issue of a serial
• Form SE/Group—a group of issues of a serial, including daily newsletters
• Form GR/CP—a group of contributions to a periodical. (This form must be used in conjunction with Form TX, PA, or VA.)

If this applies to you or your plans, take the time to read the Circular prior to filing a thing.

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What is a Copyright?

A copyright is a "form of protection" that's achieved by filing the appropriate application with the US Copyright Office.

Copyrights can be obtained for things of an artistic nature. This includes, of course, poetry, films, sculptures, music, fiction, etc. But can also include things that may not necessarily seem "artistic" in the general sense of the word. Copyrights can also be obtained for advertising copy, games, software programs and blueprints, to name just a few.

Despite what you may hear, a "poor man's" copyright is NOT the same as registering it. Here's what the US Copyright Office has to say:

"The practice of sending a copy of your own work to yourself is sometimes called a 'poor man’s copyright.' There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration."

Here are some books about copyrights:

• The Copyright Handbook
• How to Register Your Own Copyright

To learn more about copyrights, be sure to visit these sites:

• NOLO's Copyright Resource Center
• Copyright Registration Advantages