Copyrights
Copyright is a form of protection that is available for original "works of authorship." Under the Copyright Act of 1976, copyright is actually a bundle of rights giving the owner the exclusive rights to reproduce, distribute, publicly perform, or publicly display the copyrighted work, or to prepare derivative works based upon it.
Copyright Coverage
The Copyright Act recognizes eight categories of works of authorship that may be copyrighted: literary, musical, dramatic, choreographic, pictorial, audiovisual, sound recordings and architectural works. These categories are interpreted quite broadly; for example, a computer program can be copyrighted as a literary work, and a map can be registered under pictorial, graphic, and sculptural works.
The general criterion for a work of authorship is that it be "fixed in a tangible form of expression." That is, copyright law generally distinguishes between the concrete expression of an idea, which can be protected, and the abstract idea, concept or information behind the work, which cannot.
Copyright Creation, Notice and Registration
The author (or authors) who creates a work by fixing it in a tangible form of expression immediately acquires a copyright in the work. This copyright protection applies to all unpublished works.
Before March 1, 1989, work published in the United States had to bear a copyright notice to preserve copyright protection. Now, when a work is published, it should bear a notice of copyright. If the work does not carry a proper notice, the defendant in an infringement suit can claim "innocent infringement" and may gain a reduction of damages. For "visually perceptible copies" the notice of copyright consists of three elements:
- the symbol ©, or the word "Copyright" or the abbreviation "Copr."
- the year of first publication
- the name of the owner of copyright
It is often advisable, but not normally required, to register a copyright with the Copyright Office. Registration is required (for U.S. authors) to enforce the copyright in court. Registration may be done by the author, by the owner of any exclusive right in the work, or by the agent of the author or owner.
U.S. Copyright Office
For specific information on copyrights, contact the U.S. Copyright Office.
Trademarks
In contrast to both patents and copyrights, trademarks protect not the substance of an invention or other work, but rather the name or logo under which a good or service is marketed. That is, a trademark is any word, name, symbol, device or combination thereof adopted by a manufacturer (or merchant) to identify its goods and to distinguish these goods from those manufactured or sold by others.
Acquiring Trademark Rights
The strongest trademark is one that is fanciful or arbitrary with respect to the goods or services on which it is used. The scope of protection for this type of mark against potential infringers will be greatest, because an infringer cannot justify using a similar mark on the grounds that it was merely intended to describe or praise the goods.
Enforceable rights in a trademark can be acquired simply by using the trademark. These rights are generally limited to the geographic area of actual use.
Trademarks can also be registered with the U.S. Patent and Trademark Office. A federally registered trademark carries rights throughout the United States. To acquire a registered trademark, the owner must:
- apply to the Patent Office for trademark registration
- apply the trademark to the actual goods that are sold
U.S. Patent and Trademark Office
Additional information on trademarks is available from the U.S. Patent and Trademark Office.
