Web Blog

Its all about Web Marketing And Home Business

Understanding Copyright And Trademark

by Rex Stevenson

When creators of artistic and literary works are given legal rights, then copyright describes the process. Literary works that are protected by copyright include poems, novels, plays, newspapers, reference works. Artistic works which include drawings, paintings, sculpture, photograph, advertisements, architecture, technical drawings, and maps. Others are databases and computer programs, musical compositions, choreography, and musical composition.

Copyright is important to the creativity of every people. It gives them incentives either in the forms of fair monetary rewards or recognition. The creators are rest assured that they are protected from piracy or unauthorized copying thus they can distribute their works without fear. In return, it enhances knowledge, entertainment, and culture enjoyment across the globe.

Most creative works under copyright require financial investment, communication, and mass distribution upon dissemination using different media. It includes publications, films, and sound recordings. The creators are often selling the rights of their works to companies or individuals who can market their works best to get back what they paid for. These payments are independently made based on the actual work usage, known as royalties.

All economic rights that are given to specific companies last fifty years after the death of the inventor, this fact is stated in the WIPO(World Intellectual Property Organization). But if someone needs a longer period, it is possible if that is established by the national law. This law assures that inventors and their relatives will benefit from their creation over a certain amount of time. This copyright protection also ensures moral rights; inventors will claim their authorship and will have the right to oppose any changes that can ruin their reputation.

Copyright and other related rights are given by individual countries through national legislation. Even international treaties applied some national laws to ensure that a number of rights are granted to the original creators based on nondiscriminatory status. The creators can consult the National Copyright Administration or CLEA (Collection of Laws for Electronic Access) WIPO database.

World Intellectual Property Organization is an international organization which gives a lot of international treaties that have connections with intellectual property rights. It is important for everyone to seek the advice of copyright lawyers, although WIPO is obliged to consult anyone upon different legal matters.

Copyright is not something new. Even before any legal procedures towards copyright were done, there was copyright. People had copyright on their works although they made no formalities. This fact was stated in the Berne Convention and is available now in countries where this convention is recognized and used.

WIPO has no system for copyright registration; this can be done in copyright offices in each country. Every country has laws which protect artistic works. Copyright is useful when making a difference between two works, or it may be used in courts when copyright disputes happen.

Every company or business has a trademark which acts like a representation. A trademark is a combination of words, symbols or names and is used to identify products that are made by a certain company. In other words, a brand name is represented by a trademark.

Trademark registration is not an obligation, but people can obtain some benefits if they register their trademark: recognition, full rights, a basis to international trademark registration or the right to invoke federal courts. Also it helps a lot if people know the difference between copyright and trademark.

About the Author:

Tags:

Wednesday, September 3rd, 2008 Legal

No comments yet.

Leave a comment

You must be logged in to post a comment.