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Introduction On Copyright And Trademark


Each person who creates something that has artistic or literal value must protect it, using the copyright system. The copyright system ensures that a certain artistic work has legal rights. Examples of artistic works are photographs, paintings, drawings, or everything that is visual; other examples include music or choreography, and even computer programs or different designs.

People's creativity can be protected with the use of copyright. Copyright ensures that your work is recognized and sometimes it can bring you different financial rewards. People who have created artistic work will be sure that copyright will protect them if their work is copied, distributed or used without their permission. Also, another important aspect of copyright is that it will improve culture quality, entertainment and artistic knowledge all over the globe.

Everybody who creates something knows how much time and financial investment it needs. Also, a creation can only be made public through distribution and with the help of the media. Media means any form of publication, recordings, films, etc. Some people use the royalties system; it means that they will sell their work to a company that can use its marketing to obtain profits by selling their products.

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 dependent on official procedures. Created works are considered copyright protected upon its existence. It was stated in the Berne Convention about protecting artistic and literary works that without formalities, these works are already protected provided that the country is a part of the said convention.

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.

Registration of a trademark is not required by the government. However, several advantages can be given if a trademark obtained federal registration. It includes evidences of trademark's ownership, nationwide constructive notice about the owner's claim, federal courts jurisdiction can be invoked, registration can be a basis to obtain international trademark registration, and registration can be filed with the customs service of the U.S. to prevent infringing of imported goods. Understanding the distinction between a copyright and trademark is necessary. It really helps.

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About the Article

Article by: RexStevenson | Total views: 16 | Word Count: 600

Your Trademark Law explains everything you need to know about trademarks, copyrights, and patents. It is your personal reference to protecting your business.


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