Whenever a story breaks about a creative’s work being used without permission, especially by a big Company or brand, the following comments typically follow: “he shouldn’t have shared his trademark before getting paid”, “Didn’t he copyright your idea?” “That picture is your trademark. Sue them!” etc. Many people, including creatives, use both terms interchangeably, oftentimes just guessing which one sounds more appropriate.
As usual on #Fridayfive, we’re here to break it down very quickly in five bullet points, without grammar or legal jargon.
- First thing you need to know is that Intellectual Property Law by itself does not protect ideas. If you want an idea protected, put it down, i.e. write the book/script, draw it, create it, or record it. If you talk about it to someone else while it is still an idea in your head, you will be shooting yourself in the foot.
- Copyright protects literary work (books, plays, scripts, computer program, encyclopedia, letters etc.), musical work, artistic work (paintings, drawings, sculpture, and photograph), films (including the associated soundtrack), sound recording and broadcast (sound or television).
- Trademark is a mark used to identify goods or services and distinguish them from others. It protects the owner’s rights, and prevents the general public from being confused (e.g. it is why I cannot start producing milk today and call it Peak Milk). It includes names, slogans, logos, a combination of these, or other distinctive mark (e.g. Christian Louboutin’s red soled shoes). Just remember that it is used to distinguish and signify a connection.
- Copyright and Trademark are the most popular forms of protection, but there are others too. Therefore if numbers (2) and (3) above don’t apply to you, it doesn’t mean your work can not be protected by the law; it could just mean you need other means.
- It is possible that in the course of your work, your project/business needs both Copyright and Trademark protection. E.g. your logo (trademark) while the the work you have created may be eligible for copyright protection.
How about that? We hope it’s a bit clearer.
Do have a great weekend.
Syntax Legal Practitioners 