Copyright laws protect original works of expression including, but not limited to, novels, short stories, fine and graphic arts, photographs, software, films, paintings, and recorded musical performances. For copyright laws to protect a work of expression, it must be original and an independent, creative effort of its author. Then, depending on when the work was created, the copyright law will protect it.
Copyright law has specific guidelines for the length of protection it provides to a copyright owner. There are five main categories:
1. Works published in the United States before 1923 are public domain. 2. Works published after 1922, but before 1978, are protected for 95 years since the date of publication. 3. Works created, but not published, before 1978 last the life of the author plus 70 years. 4. Works published after 1977 last for the life of the author plus 70 years. 5. Works published for employment, commission, anonymously, or while using a pseudonym, last between 95 to 120 years.
Copyright is a legal device an author has to control how his or her published work of art or literature is used. Copyright rights are solely for the author, unless he or she transfers those rights to another person. The Copyright Act of 1976 provides exclusive rights to the reproduction, distribution or adaptation of the works to the author. This act states a work must be "fixed in a tangible medium of expression" or, in other words, the work must exist in some form, no matter how short the time frame or the format.
Copyright laws prevent the unlawful use of original works with the owner's written permission. If someone were to reproduce copyrighted material without the owner's written permission, the owner could sue. There are minor exceptions to this circumstance, for example, the fair use rule. The fair use rule, under copyright law, allows others to use another author's work without asking permission.
Using research information in a new work is an example of the fair use rule. Often it is imperative for an author to quote a short section in a scientific work to illustrate an observation. In addition, quoting a work in a review, to illustrate a point or to comment, is fair use. Professors and teachers use the fair use rule when photocopying text or excerpts for classroom assignments or readings.
Violations often occur when the use is motivated primarily by a desire for commercial gain. The fact that a work is published primarily for private commercial gain weighs against a finding of fair use. Unless the fair use rule clearly applies to a publication, you should review the owner's rights and request written permission.
Fair Use Rule
The Fair Use Rule, a component of copyright law, allows individuals to use an author's work without their direct permission. This hinders the copyright owner's rights to a small degree, but doesn't lessen their protection under the law. Professors, authors, printers, photographers and publishers should understand what constitutes fair use, and what spells a copyright law violation. This list is not self-contained, as most writers, students or scholars use quotes or paraphrase ideas in other published works.
The primary factor in in determining fair use is whether copyrighted materials is copied verbatim or used to create a new work, often described as transformative. Transformative works use protected material to create a new angle or take on a topic. The more transformative, the better. Questions relating to copyright law and fair use can be redundant, but the misinterpretation of each could be serious. Quoting or paraphrasing without an author's written permission, regardless of the fair use rule, can lead to a lawsuit.
Most often, fair use violations occur when someone misuses an author's words for commercial gain. For example, let's say a printing business decides to produce a brochure about paper production and distribution. They prepare original copy for the paper production section, but paraphrase another printer's brochure for the distribution section. That's not fair use. In order for it to be fair use, a printer needs to either create entirely original content for the brochure, quote the referenced material or use the other printer's information to create a new angle on the topic distribution.
Using research information in a new work is an example of the Fair Use Rule. Often it is imperative for an author to quote a short section in a scientific work to illustrate an observation. In addition, quoting a work in a review, to illustrate a point or to provide comment, is fair use. Professors and teachers use the Fair Use Rule when photocopying text or excerpts for classroom assignments or readings. However, unless it's absolutely clear that fair use applies to a publication, you should check the owner's rights under copyright law and request written permission.
Trademark Laws
Trademark laws protect specific words, phrases, domain names, slogans, logos and other symbols used to distinguish between different brands on the market. A trademark allows consumers to identify a specific brand in the marketplace, because most consumers use trademarks to make purchasing decisions. Federal and state trademark laws protect the duplication and misuse of a brand and its reputation.
Subdivisions to the trademark laws are labeled service, certification and collective marks. Service marks promote services and events, whereas trademark laws promote products. For example, when a business advertises its name and service or product in the yellow pages, it's considered a service mark. Certification marks, on the other hand, are used to support a particular product or service, such as a seal of approval.
Collective marks are symbols, labels, words or phrases used to mark goods, members, services or products. This is often used to show membership in a union, association or other organization. Four other considerations of collective marks are regional origins, manufacturing methods, product quality and service accuracy. Denver Paper, a paper production business in Denver, Colorado, is an example of a collective mark of regional origin.
Before registering a trademark, a trademark search must be conducted. This can be done at the Web site of the U.S. Patent and Trademark Office, or by visiting the Patent and Trademark Depository Library located in each state. Conducting a trademark search is a critical first step in ensuring that your trademark name is unique.
Once you register a trademark, you must take steps to protect it. Trademark owners can file a lawsuit against violators to protect their service or product. Most trademark lawsuits are filed to either prevent a registered trademark from being misused (leading to consumer confusion), or to recover damages from those who misused a trademark. In addition, there are federal statutes protecting trademark owners under the Lanham Act. Each state has its own statutes that protect trademarks within the state's boundaries.
Copyright, another form of protection, is a legal device an author has to control how his or her published work of art or literature is used. Trademark and copyright laws can be used in conjunction to protect a product or service. For example, the copyright laws protect the artistic characteristics of a business logo, and the trademark laws prevent other businesses from using the logo in the market.