Copyright and Trademark Basics
Okay uh let's talk about copyright and trademark basics um and that kind of difference between those um copyright basically protects any kind of our artwork. So design illustration um photograph from being from you know, unauthorized reproduction or copying or commercial exploitation you have that you own the rights to anything that you create um you do have the option of actually register during for a registered copy right? Which gives you further production we'll talk about that in the second so it's a pretty loose definition you know any form of expression that you create in any tangible medium that can be proceed by humans so that's a pretty that's a pretty broad brush right there um and uh no one has the right to use or to copy and make something that you know that's a derivative of something that you create without eighth of your permission or with how um you know the transfer of those transfers were those rights to them um so that's the basic rule is infringement occurs when som...
eone copies um and that has actually has two meanings I mean they can actually you shouldn't also shouldn't like take it and reproduce it and distribute it um you know because it's not theirs too you know it's not theirs to give in to give away or sell that where they're going to do with it or commercially exploits the work without permission to be infringement of copyright the second work actually has to be copied from the original and so there's sort of a burden of proof that you know that it was in fact um under a motive you know and it was directly copied from the original and then also it needs to it must be you know it must be determined that it's substantially similar to the original work uh the thing and this is different between copyright and trademark is that if the if the likeness if the similarity is purely coincidental that's not it's not a violation of copyright it's on ly of when these things were done intentionally um as I said you can file for copyright protection with the government it's actually pretty reasonable I think it's I think it's like fifty dollars per piece that he registered but to get the full benefits of that you you shouldn't wait until there's an infringement um you have tto um you have to submit registration before that occurs to get the full scope of protection but it does give you two important rights you have the right it goes to court if it's registered registered copyright to recover any turn attorney fees that you incur and also the right to an award of statutory statutory damages the one thing that you know disgorges uh most people with you know with copyright issues and trademark issues infringement is that it's so expensive the legal fees are so expensive that you know, most of the time you're going to incur more legal fees than you would in damages or in you know, in recovering like if someone you do work for someone and they use it and they don't pay you um you know you can take them to court you can take them to court you know, to get them to pay but chances are you're probably gonna end up you know what they pay you make you know may not even cover your attorney's fees okay trademark trademark is a symbol I can not not just artwork but can also be a phrase and can also be words that communicated specific offer of products or services on the uh, rights go into effect when the trademark is used for, um goods or services uh when trademark infringement occurs is when the mark when trademarks when logo's or is that it can be phrases you'll see sometimes like a tagline on ah like for a hospital or whatever it will be like a registered trademark it can't be something that's like really that's like really vague um you know, like faster something general has a very, very specific um but infringement occurs when there's something that's very similar to it to where there's confusion between which is which I've actually worked with two different design firms that actually had to change their name and their like their whole branding because um the most recent lawn is because they have, you know, they had this name and then they were very small and very local and then they started winning awards and getting being a client getting national attention and there was another firm in another part of the country that had the same name and, you know, there was clients were calling one thinking they were the other, so there was definitely confusion there, and since the other one had already been in business, you know, that had been established first, the other firm really had changed there change the name of the firm um so it's, it's all about, you know, it doesn't it's not necessarily about copying it's about having things that are similar to create confusion between consumers for products of services this's kind of humor example, but, um, when you see a lot of this type of stuff on other countries because, well, that's the other thing is like, you can register something with the u s government, but it doesn't protect you from somebody else in another part of the world from, you know, from from copying are using this, so this is I can't remember where this is, but it's, you know, they basically donna knock off of, um, kentucky fried chicken um, here, logos or marks are eligible for trademark with the u s government if your business is online or if you provide goods and services to clients in other states outside of your own um you can register every four state trade marcus well um the thing about federal registration it gives you additional trademark protection including exclusive national rights so you know, nobody can come along and start a business with us with the same name or do a logo somebody in the same uh market do a logo that looks similar to yours if you registered you still have rights even if you don't register with the government but you don't but it's you have to go to court and prove your case and um it's a lot more likely that you're going to be successful if you register with the government as a trademark um if it doesn't qualify for federal registration and there can't be something ari out there that's you know that's a business it's in practice that's similar to the marker phrase that you're using um unlike cop well, copyright does have some limitations too but you know you you can't trademark something and then not use it and you know it has to be in use there's a period on amir what is how many years but after it's not been used for so many years then the basically the trademark expires and um the tm symbol um just just signifies your intent to claim trademark rights for that symbol or that phrase, um, I used to think that you could only use this if you were in the process, you know, you had applied and you're waiting to hear back. But it's not true. You can use this symbol just to imply that you're using it as a mark for goods or services. Uh, you don't have the, you know, the protection. Um, but you can still imply that this is a trademark. Um, and then they circle are signifies that it has, in fact, been registered with a registered and approved by the federal government, so you can use the t m marc. You know, any time you want, if your business is for goods or services, uh, but you can leave the circle are if it's registered with the government.