Founding Partner
When it comes to protecting intellectual property, two common forms of legal protection are copyright and trademark. While both offer protection of intellectual property and recourse against third-party infringers, each serves distinct purposes and covers diverse types of assets. Understanding the differences between copyright and trademark can help individuals and businesses protect their intellectual property effectively.
What is a Copyright?
A copyright is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression. Works are original when they are independently created by a human author and have at least a minimal degree of creativity. A work is fixed when it is captured (either by or under the authority of an author) in a sufficiently permanent medium such that the work can be perceived, reproduced, or communicated for more than a short time. A copyright gives the author exclusive rights to use, reproduce, distribute, and display their work. While copyright protection vests with the author immediately, as noted above, one does need a federal copyright registration to file a copyright lawsuit against a potential infringer. Examples of copyrighted works include but are not limited to books, poems, articles, songs, musical compositions, sound recordings, paintings, drawings, photographs, movies, television shows, plays, software, and digital content.
Copyright in the United States typically has a term for the lifetime of the author plus 70 years (lifetime of the author plus 120 years in the case of a work for hire), though specific rules may vary depending on jurisdiction and type of work.
What is a Trademark?
A trademark is a symbol, word, phrase, design, etc. that identifies and distinguishes the source of goods and/or services from those of others. Trademarks help individuals and businesses alike build brand recognition and prevent consumer confusion in the marketplace. Unlike copyright, a trademark does not protect the content of a work but rather its branding elements for specific goods and/or services. Examples of trademarks include but are not limited to company logos (e.g., Apple’s bitten apple, Nike’s swoosh), brand names (e.g., Coca-Cola, McDonald’s), and slogans (e.g., “Just Do It,” “I’m Lovin’ It”).
Trademark protection in the United States can last indefinitely as long as the trademark is actively used in commerce and renewed. Owners of trademarks must periodically renew their trademarks and enforce their rights against third parties to retain exclusive ownership.
Which Is Right For You?
As noted herein, copyright protection will safeguard your creative works from unauthorized reproduction. On the other hand, if you want to protect your brand identity, registering a trademark for your business name, logo, slogan or the like will help you maintain exclusivity and prevent brand dilution.
In some cases, both protections may apply. For example, a company’s logo may be copyrighted as an original artistic work (depending on the medium) and also registered as a trademark for brand protection.
In sum, copyright and trademark serve distinct roles in intellectual property law, and understanding the differences is essential for individuals and businesses alike. By utilizing the right form of protection, intellectual property owners can ensure that their assets remain secure and legally enforceable.