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What's the Difference Between Copyright and Trademark?

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romantico Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-07-09 10:54 AM
Original message
What's the Difference Between Copyright and Trademark?
I'm going to be starting a production company to release some film shorts and hopefully bigger projects in the future.I am looking into copyrighting the name of my production company but have been reading that some suggest having it trademarked. Can anyone tell me the difference? If anyone has their own production company or advice,I will gladly take it.
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gmoney Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-07-09 10:56 AM
Response to Original message
1. Trademark is generally a "product name" or maybe a business name
Edited on Mon Dec-07-09 10:56 AM by gmoney
Copyright generally refers to protection of written work, recordings, photographs, musical scores, etc. -- expression of ideas.
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Captain Hilts Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-07-09 10:56 AM
Response to Original message
2. Copyright is what relates to you. Check the Library of Congress's website. nt
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HopeHoops Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-07-09 11:02 AM
Response to Original message
3. A copyright is automatic for any work you produce. You can't copyright a name or idea.
You CAN register a copyright, but it is not necessary. It may give you leverage in case a work is stolen, but there are other ways to prove ownership.

A trademark can't just be casually registered. It has to be in active use for a while first. You can trademark the name of your company and its logo and it affords protection against someone appropriating them for a similar business.



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romantico Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-07-09 11:05 AM
Response to Reply #3
4. Thanks!
A BIG help! I feel registering a trademark will be something I need a lawyer for. I have copyrighted some scripts before online with no problem.I will look into what the process is for trademarking. Many thanks again!
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HopeHoops Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-07-09 11:26 AM
Response to Reply #4
5. If you DO apply for a copyright (with the fee, what is it, $20 or something?) then...
... you can include several in the same application (and for the same fee). I don't think there is a limit, but it wouldn't hurt to check the loc.gov site to be sure. They are given a copyright as a collection, but it covers all individual works. You can use the copyright symbol whether or not you have registered the copyright. All it really does is serve notice that the work is not public domain, but people will still post shit all over the Internet without permission. Such is life.

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romantico Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-07-09 11:29 AM
Response to Reply #5
6. Yes
I tend to register with copyright office and WGA just as a precaution. I did not know that about the limits. Good to know. Thanks again. I feel like you should send me a bill now (LOL)
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HopeHoops Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-07-09 11:40 AM
Response to Reply #6
7. Clarification re: limits - I don't think there is one.
I am just not sure. There might be a limit on how many can be registered in a collection. I don't think there is, but you should check. You can save a shitload of money by batch registration!

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Gormy Cuss Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-07-09 12:02 PM
Response to Reply #4
8. You'd do well to hire a patent attorney for the trademark.
Here's a good description of trademarks:
http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm
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romantico Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-07-09 12:08 PM
Response to Reply #8
9. Thanks
That link was VERY helpful!
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