Wednesday, September 3, 2008

Introduction On Copyright And Trademark

By Rex Stevenson


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.

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.

The WIPO (World Intellectual Property Organization) states that these companies receive rights only fifty years after the death of the creator, but in some cases the national law can extend the time limit. This helps the creators and their heirs to obtain profit for some time. This treaty also includes moral rights, like the right of claiming authorship or protecting their reputation if changes are made that may harm it.

Each country has its own national legislation, which gives the copyright and other rights to people. International treaties may have some of the national laws applied to make sure that there is no discrimination when granting rights to the creators. If you need more information about this, you should check the National Copyright Administration or CLEA (Collection of Laws For Electronic Access).

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.

There are national offices where people can register because the WIPO does not help you with the copyright registration. Registering your work may have some benefits: you can become known, your work is distinguished from other works, and you can use your rights in court if someone makes illegal moves on your work.

Trademarks are words, names and symbols that are used as a signature for a company or business in order to make sure that people recognize their products. The brand name is the one who defines 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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