What is the Difference Between Copyright and Intellectual Property?

Originally published by Vethan Law Firm, P.C..

The terms ‘copyright’ and ‘intellectual property’ are both well-known – but their meanings can be, and often are, confused.

Inventions, artistic works, and other creations are protected by specific laws, but neither of the above terms cover them all. The differences between them, and also between patents & trademarks, are subtle but crucial.

If you plan to register your copyright, or seek legal advice from business lawyers regarding infringement, knowing the difference between these terms is essential.

 

What is Intellectual Property?

This term is blanket-used to cover a variety of assets created by the mind, the rights to which can be claimed exclusively by the author or a recipient of an ownership-transfer. Intellectual property covers the expression of an idea, rather than an idea itself.

To clarify, let’s use an example: a woman paints a picture of the Eiffel Tower; inevitably, other artists will depict this iconic structure in years to come – the artist cannot claim infringement on these.

However, should another artist either copy the image and pass it off as their own, or produce a version which is unmistakably the same picture in all but name, then the original artist may well have grounds for legal action.

 

What is Copyright?

This grants the right to copy a piece of intellectual property, and also assigns credit for the work in question. While copyrights were created originally to allow governments to limit printing, they are now the main means for authors to profit from their creations.

Copyright can be assigned to films, songs, and works of art, with a finite lifespan of between 50 and 100 years following the death of the author.

A copyright can grant the right to display a work via video or radio, to present it publicly, and to create/sell copies or derivations of it.

 

What are Patents and Trademarks?

The other areas of intellectual property (IP) – trademark and patents – are just as different. In the case of a patent, this refers to the functional expression of an idea, such as a machine, a method of performing an action or task, and a manufacturing technique.

Trademarks are used to present the source of a product or service. This is designed to protect the buyer, to ensure they are paying for an original item and not an inferior copy. If an individual or company owns a trademark, this does not mean they were the original creator – it just means they own this right.

Speaking with a business lawyer before deciding on a set course of action is highly advisable if you believe your intellectual property has been infringed upon. With such complex definitions and differences governing rights to ownership and usage, you need to be sure of your standing before taking action.

The post What is the Difference Between Copyright and Intellectual Property? appeared first on Vethan Law Firm.

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