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11. Copyright/Trademark Law

Copyright/Trademark Law

Copyright law is 1) the exclusive right of the author or creator of a literary or artistic property (such as a book, movie, or musical composition) to print, copy, sell, license, distribute, transform to another medium, translate, record or perform or otherwise use (or not use) and to give it to another by will. As soon as a work is created and is in a tangible form (such as writing or taping) the work automatically has federal copyright protection. Copyrights cover the following: literary, musical and dramatic works, periodicals, maps, works of art (including models), art reproductions, sculptural works, technical drawings, photographs, prints (including labels), movies and other audiovisial works, computer programs, compilations of works and derivative works, and architectural drawings. Not subject to copyright are short phrases, titles, extemporaneous speeches or live unrecorded performances, common information, government publications, mere ideas, and seditious, obscene, libelous and fraudulent work. A work should be registered with the U. S. Copyright Office by submitting a registration form and two copies of the work with a fee which a) establishes proof of earliest creation and publication, b) is required to file a lawsuit for infringement of copyright, c) if filed within three months of publcation, established a right to attorneys' fees in an infringment suit. For any work created from 1978 to date a copyright is good for the author's life, plus 50 years, with a few exceptions such as work "for hire" which is owned by the one commissioning the work for a period of 75 years from publication. After that it falls into the public domain. Many, but not all, countries recognize international copyrights under the "Universal Copyright Convention," to which the United States is a party. A trademark is a distinctive design, picture, emblem, logo or wording (or combination) affixed to goods for sale to identify the manufacturer as the source of the product and to distinguish them from goods sold or made by others.

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