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Copyright gives the owner the exclusive right to make and distribute copies, or perform a work, or make derivative works, depending upon the type of creative work it is. It is infringed when someone violates those rights, such as by making illegal copies.

Trademark provides an individualized right to use a distinctive mark, sound, color, word, design, etc, to indicate a particular source and quality of branded goods or services. It is infringed when someone uses the brand to falsely indicate or suggest goods or services came from the rightful brand owner, and not the knock-off producer.

Sometimes these overlap, as where a design may be protected by copyright in the sculpture of something and in the trademark value represented by the form itself. Consider the "Mickey Mouse" design: copyrighted as a cartoon character, and trademarked as an indication that it came from Disney (or a licensee). You would infringe the copyright by using "MICKEY" in your own Cartoons; you would infringe the trademark by putting MICKEY's picture on the package.

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9y ago
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11y ago

Copyright gives the owner the exclusive right to make and distribute copies, or perform a work, or make derivative works, depending upon the type of creative work it is. It is infringed when someone violates those rights, such as by making illegal copies.

Trademark provides an individualized right to use a distinctive mark, sound, color, word, design, etc, to indicate a particular source and quality of branded goods or services. It is infringed when someone uses the brand to falsely indicate or suggest goods or services came from the rightful brand owner, and not the knock-off producer.

Sometimes these overlap, as where a design may be protected by copyright in the sculpture of something and in the trademark value represented by the form itself. Consider the "MICKEY MOUSE" design: copyrighted as a cartoon character, and trademarked as an indication that it came from Disney (or a licensee). You would infringe the copyright by using "MICKEY" in your own cartoons; you would infringe the trademark by putting MICKEY's picture on the package.

Copyright automatically gives the author the exclusive right to make and distribute copies and to perform the work in public, lasting for the life of the author plus 70 years, or longer if the author was employed by others. Violators can be sued or brought up on criminal charges.

Trademark gives the owner the right to prevent others from using a similar brand in a related field where it may cause "likelihood of confusion", lasting for as long as the owner continues to use the brand in commerce. Violators can be sued and those trafficking in counterfeit goods can be charged criminally.

Both may be optionally registered for a fee.

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14y ago

Copyright protection is instantaneous as soon as a work is finished.

Trademark must be applied for.

Copyright cannot be "lost" it can only be sold or given away.

Trademark must be defended or it can be lost.

Copyright expires after a fixed period of time and cannot be renewed.

Trademarks can be renewed, theoretically forever.

Copyright works that pass into public domain cannot be recopyrighted.

Trademarks can be revived after expiration.

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14y ago

Copyright protection is instantaneous as soon as a work is finished.

Trademark must be applied for.

Copyright cannot be "lost" it can only be sold or given away.

Trademark must be defended or it can be lost.

Copyright expires after a fixed period of time and cannot be renewed.

Trademarks can be renewed, theoretically forever.

Copyright works that pass into public domain cannot be recopyrighted.

Trademarks can be revived after expiration.

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13y ago

A trademark protects a logo, business name, or slogan from confusion in the marketplace; it is specifically registering a mark for use in trade.

Copyright protects creative works, regardless of whether they are ever exploited for profit.

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13y ago

Copyright law gives creators of original works the exclusive right to copy, alter, distribute, or perform/display the work, or allow others to do so. The goal of copyright law is to encourage creativity by rewarding hard work and making it possible to create for a living.

Trademark law protects business names, logos, and slogans--"marks"--used in trade. The goal of trademark law is to protect consumers by reducing fraud in the marketplace.

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10y ago

Copyright protection is automatic, while patents require registration (trademarks can be protected by common law, but are nearly always registered just to be safe). They also protect different types of intellectual property. Beyond this, they are quite similar.

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