Kworld Trend / 6 key contrasts distinguishing copyright from trademark
6 key contrasts distinguishing copyright from trademark
This exploration, titled “Distinguishing Copyright from Trademark,” delves into the core differences between these two vital forms of protection, shedding light on their unique purposes and applications.
Key Contrasts Between Copyright And Trademark: Copyright and trademark are two different heads under which intellectual property rights are protected. Copyright is the right of a creator of an expressed intellectual idea to determine who may copy, publish or distribute his work. The right operates to entitle the owner to use his intellectual work to the exclusion of others. It also entitles the right owner to give license as to the use of such work. Various countries have laws that protect intellectual works to the extent that it benefits the owner, and in such a manner that a balance is placed on the rights of the owner and the dissemination of information in the society. In Nigeria, copyrights are regulated by the Copyright Act of 2023.
Copyright protects intellectual efforts. Thus, there must be skill and labour exerted in the creation of the work. However, the law only covers rights that have been expressed by any means in a permanent form. In other words, mere ideas are not protected. See section 3 of the Copyright Act 2023.
The scope of copyright is quite wide. Copyright therefore can arise from the following eligible subject matters: literary works, musical works, artistic works, audiovisual works, sound recordings and broadcasts. This is the import of section 2(1) of the Copyright Act 2023. The infringement of copyright entitles the copyright owner to an action for infringement from which remedies such as damages, injunction, account for profit, delivery of possession and other remedies may be awarded.
6 Difference between Trademark and Copyright:
We can understand the difference between the trademark vs copyright based on the following differentiating points:
1. Target objects:
The trademark protects a trade name, company brand name, logo, tagline, slogan, or domain name, whereas copyright protects artistic, dramatic, and musical works.
2. Purpose:
The purpose of using the trademark is to retain the exclusivity of the mark for their products or services in the market. In contrast, copyrights grant exclusive rights to use and distribute.
3. Benefit:
The trademark prevents competitors from using similar marks or texts in their branding. The sole purpose here is the brand establishment and trust inculcation in customers. At the same time, copyright prohibits anyone other than the creator from reproducing or selling the copyrighted work online or offline.
4. Exclusivity:
A trademark gives exclusivity to not only the product or services but also a means to retain it. Comparatively, the work creator can use their copyright-protected work for financial gains.
5. Recognition:
Trademark gives a sense of belongingness about the product or services in the eyes of customers. The customers recognize the brand and can assume the service or product quality per the brand’s value. In contrast, copyright recognizes the original aspects of the work.
6. Duration of validity:
The trademark registration is valid for ten years and can be renewed to protect it from infringers. At the same time, the copyright is valid for a lifetime. For an individual owner, the term (time period) of copyright in India is the author’s lifetime plus 60 years. For a non-individual owner, the copyright may last up to 60 years from the publication date.
What’s the difference between a copyright vs. trademark?
Trademark and copyright are both forms of intellectual property, which can be defined as intangible assets, in other words, creations of the mind—such as inventions, literary and artistic works, designs, symbols, names and images used in commerce.
When it comes to intellectual property for businesses, this can largely encompass any business ideas, as well as works or processes that come from those ideas. This being said, in the U.S., trademarks and copyrights, as well as patents, are used to legally protect intellectual property.
The main difference, therefore, between copyright vs. trademark is that, although both offer intellectual property protection, they protect different types of assets and have different registration requirements.
Overall, copyright protects literary and artistic materials and works, such as books and videos, and is automatically generated upon creation of the work. A trademark, on the other hand, protects items that help define a company brand, such as a business logo or slogan, and require more extensive registration through the government for the greatest legal protections.
To better understand the difference, let’s break down the details of each of these protections individually.
What does a copyright protect?
A copyright is a form of intellectual property protection that covers original works and is generated automatically by the creation of those works.
Copyright protects literary, dramatic, musical, and artistic works, including:
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Poetry
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Novels
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Other forms of original writing
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Art
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Research
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Movies
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Songs
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Other forms of audio and video materials
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Computer software
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Architecture
In short, as long as the original work is preserved in some form, it is protected under copyright when it’s created. On the other hand, however, works that are not available in some tangible form—such as a speech that wasn’t written down or recorded, cannot be copyrighted.
Other works that cannot be copyrighted include:
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Ideas
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Discoveries
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Principles
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Listings of ingredients or contents (although a recipe or instructions can be copyrighted)
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Works that are considered “common property,” such as calendars or height and weight charts.
In addition, works that are in the public domain, in other words, for which the copyright has expired, been forfeited, or waived, cannot be copyrighted again. Although the public domain varies based on country (and sometimes the type of work), in the U.S., this currently refers to works published before 1923.
This being said, in the U.S. the duration of copyright can vary. For original works created by an individual, copyright lasts for the life of the author, plus 70 years. On the other hand, works created anonymously, pseudonymously (under a false name), and for hire, copyright lasts for 95 years from the date of publication or 120 years from the date of creation, whichever is shorter.
What does a trademark protect?
A trademark, on the other hand, is a form of intellectual property protection that covers words, phrases, symbols, or designs that distinguish a particular brand (or source of goods) in comparison to others.
Therefore, a trademark protects items such as:
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Brand names
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Logos
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Business names
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Slogans
In short, a trademark can apply to anything that essentially brands a business or identifies a product or company. Here are some well-known examples:
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The Tabasco bottle with the hexagonal screw top is trademarked.
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“Footlong,” all one word, is trademarked by Subway sandwiches.
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The McDonalds Golden Arch symbol is trademarked.
This being said, when it comes to trademarks, it’s important to distinguish between a trademark and a service mark. Although the term “trademark” is typically used to encompass both trademarks and service marks, a service mark is specifically used to distinguish the services of one business from those provided by another.
