[Updated 2/11/09]
Whether you write the articles for eHow, publishing posts on your blogs, or selling your art designs on CafePress, you want to make sure your hard work is properly protected. If you have not study how intellectual properties are protected and have done nothing, are your works currently protected at all? The short answer to that question is "Yes." But, you need to know more than that, if you plan to make a career out of the Internet.
What is a trademark?
According to United States Patent and Trademark Office (USPTO), a trademark protects any word, name, symbol, or design, or any combination used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. A trademark is a type of intellectual property, and typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. The primary purpose of a trademark is make a brand name.
A trademark is identified by the symbols ™ and ®. You don't have to register your work to be protected. By putting the sign next to your work and use it consistently, your work is considered trademarked. Registering your trademark, however, serves as a notice to the public that you own the work and help facilitate the legal processes to stop others from using it. You can register your trademarks at Trademark Electronic Business Center. Once registered, a trademark can be renewed forever or as long as it is being used in commerce. More information can also be found at the USPTO web site for small business.
What is copyright?
According to United States Copyright Office, copyright is a form of protection provided to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The 1976 Copyright Act generally gives the owner of copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly.
You don't have to file for copyright protection to claim your work as your own. Copyright protection is automatically granted upon creation of your work. Filing for copyright protection , however, facilitates the legal processes to enforce the copyright laws. You can file for your copyright protection at the Electronic Copyright Office of The Library of Congress for a small fee of $45 dollars. Once approved, such copyright lasts for the life of the author plus 70 years.
One common question often raised by bloggers is whether the images found on the web sites, such as, Google, can be used or copied freely. The answer is "no." Many of those images are copyright protected and you must read the terms of use prior to using them in any form. Instead, you should look for your images on the following web sites that host the images under the less restrictive terms that promote ease of sharing.
Lastly, be aware that there is no such thing as an "international copyright" that will automatically protect your work throughout the entire world. Each country has its own national laws for copyrights and how the laws are enforced.
Read my post about the copyright lawsuit of the Obama Hope image and understand the Fair Use exceptions.
Thursday, November 20, 2008
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