While all U. This is especially true for writers and small publications: With more than 20, magazines and over 7, daily and weekly newspapers in the nation, there is a wealth of material for IP thieves to steal. And now that the Internet has made copying and distributing protected material easier than ever before, it is critical that you understand the basics of protecting your original work. That's why the U. Patent and Trademark Office, along with other government agencies, is reaching out to small businesses to help them protect their intellectual property.
Our campaign includes a web site, www. In order to protect yourself from IP theft, it's important to know the basics about your rights. For writers, editors, and publishers, this means taking a look at the basics of copyright law: what it is, what it protects, and how to secure it.
A copyright is a form of protection provided by U. The manner and medium of fixation are virtually unlimited. Creative expression may be captured in words, numbers, notes, sounds, pictures, or any other graphic or symbolic media. The subject matter of a copyright is extremely broad and includes literary, dramatic, musical, artistic, audiovisual, and architectural works.
Copyright protection is available to both published and unpublished works. Under the Copyright Act, the copyright owner has the exclusive right to reproduce, adapt, distribute, publicly perform, and publicly display the work.
In the case of sound recordings, the copyright owner has the right to perform the work publicly by means of a digital audio transmission. These exclusive rights are freely transferable, and may be licensed, sold, donated to charity, or bequeathed to your heirs.
It is illegal for anyone to violate any of the exclusive rights of the copyright owner. Registered works may be eligible for statutory damages and attorney's fees in successful litigation.
Finally, if registration occurs within five years of publication, it is considered prima facie evidence in a court of law. The United States has copyright relations with most countries throughout the world, and as a result of these agreements, we honor each other's citizens' copyrights.
However, the United States does not have such copyright relationships with every country. For a listing of countries and the nature of their copyright relations with the United States, see Circular 38a , International Copyright Relations of the United States. Intellectual property IP refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. IP is protected in law by, for example, patents , copyright and trademarks , which enable people to earn recognition or financial benefit from what they invent or create.
By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish. Test your knowledge of IP with our quiz. Find out how IP mechanisms help mobile application developers and publishers generate more income from their creations. Copyright is a legal term used to describe the rights that creators have over their literary and artistic works.
Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings. A patent is an exclusive right granted for an invention. Generally speaking, a patent provides the patent owner with the right to decide how - or whether - the invention can be used by others. In exchange for this right, the patent owner makes technical information about the invention publicly available in the published patent document.
A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Applying for a trademark requires stating the type, or class, of business in which the mark will be used. Protection typically only prevents others in the same class of business from using the mark. Also, to maintain a registered trademark, every 10 years you will need to file proof that you are still using the mark. Patent protection is available for inventions. The most clearly understood example is some type of new machine, but patents can also exist for new materials, new processes, or new combinations or modifications of existing patents.
These are called utility patents and include patents on computer program code and algorithms. Design patents address the artistic shape or ornamentation of functional items such as the unique shape of a piece of furniture , and plant patents cover certain types of new plant varieties created by breeders. That office administers numerous restrictions on what can, and can't, be patented, which vary depending upon the type of patent sought.
Generally, patents are protected for a period of 20 years. Keeping a trade secret is the least secure way of protecting intellectual property, but sometimes it works. If you file for a patent, you will need to disclose the details of your invention in the application process and it will no longer be a secret.
Similarly, if you register computer code as a copyright, you will also need to publicly disclose it. Determining the best way to protect intellectual property can be confusing and complex. This is especially true in highly technical areas such as computer algorithms. Someone who is writing a magazine article may simply need to include a copyright notice on the manuscript. The author of a novel will usually want to register the work.
On the other hand, someone engaging in the business of writing and marketing new computer programs may need to copyright and patent the code and algorithms, as well as register a trademark for marketing them.
An intellectual property attorney can help ensure that the best possible protection is secured for your work. Contents 4 min read. Edward A. Haman is a freelance writer, who is the author of numerous self-help legal books.
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