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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.

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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13y ago

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