Let’s take a look at each concept individually with an overview of intellectual property, a definition of copyright, and an explanation of how copyright fits into the universe of intellectual property.
What Is Intellectual Property?
According to theWorld Intellectual Property Organization(WIPO), intellectual property:
“…refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce."
It is a blanket term for a variety of assets created by the mind otherwise classified as intangible property. The rights to the intellectual property can be claimed exclusively by the creator or recipient of ownership transfer andcovers the expression of an idea rather than the idea itself.
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IP law includes ways to protect the creative expressions of the intellect that carry commercial and moral value. There are several types of intellectual property including:
Intellectual property rights are believed to encourage the creative process as well as promote investment by ensuring the investors receive a return on their investment.
What Is a Copyright?
Copyright, then, is the protection extended to the creator of an original work. It provides the sole rights to the use and distribution of the work and normally ends after a specific period of time. After the time is up, the copyright can be renewed, or the work will pass into the public domain where it legally may be used without giving notice of the original creator and without the need for recompense to the former owner.
A copyright can also be sold and the ownership transferred to a different entity which is then the recipient of any recompense from its use and retains sole rights for use and distribution.
Copyrights protect a wide variety of expressions of an idea including:
- Books and literary works
- Written and recorded music
- Works of art
- Photographs and images
- Plays
Copyright grants the right to display a work via video or radio, present the work publicly, and create or sell copies of the work as well as derivations of the work.
Thanks to Sonny Bono, a rare entertainer who entered Congress, current US law provides for a copyright to extend 50 to 100 years following the death of the creator. More specifically, works that were first created on or after January 1, 1978, secured Federal Statutory Protection from the moment of creation for the life of the creator plus an additional 70 years. (By the way, this information is from a document created and copyrighted by the United States Copyright Office.)
Copyrights get tricky, though. The Copyright Act of 1976 was amended in 1998 to establish a single copyright term but different methods for computing the duration of the copyright. Copyrighted works fall into two categories; the first type is mentioned above: those works first created on or after January 1, 1978.
Works already in existence but not published or copyrighted on January 1, 1978, receive copyright protection but the calculation for the number of years after the creator’s death differs depending on the nature of authorship. It could be life plus 70, 95, or 120 years. All works are guaranteed at least 25 years of copyright protection.
There are several other variations and calculations depending on when the original copyright was obtained, when it expired, and whether an automatic renewal or extension occurs.
Copyright as Intellectual Property Protection
Intellectual property is protected by laws specific to the expression of an idea. Copyright is the law specific to the expression of ideas in visual or audio form. Unlike a trademark that indicates a specific item or design is protected, copyright covers a different expression of thought.
The termcopyrightcontains within it the meaning of the term: the right to the copy. Copy is anything written, photographed, drawn, painted, or otherwise produced as an audible, written, or visual piece of intellectual property.
You cannot compare copyright with intellectual property; copyright is aformof intellectual property.Defending a copyright requires different expertise from defending a trademark.If you require legal advice on a copyright issue, make sure the attorney you select understands your particular needs.
Just because someone is a patent lawyer does not mean he or she can knowledgeably defend your copyright.
FAQs
Copyright is a mechanisms that can be used to protect the tangible expressions of your intellectual property. Copyright applies to particular literary and artistic works, but doesn't cover ideas, methods, designs or other intangible ideas. These may be protected by other aspects of IP law.
What is the difference between copyright and intellectual property? ›
Intellectual property (IP) is a term used to encompass a range of legal rights that protect the creations of the mind and creative effort. Patents, trademarks and registered designs are examples of IP, as is copyright. Copyright refers to the rights granted to the creators or copyright holders of original works.
What is the difference between intellectual property and intellectual property rights? ›
Copyright is a TYPE of intellectual property right, which means that IPR is an umbrella term. Intellectual property is set for intangible assets that are legally protected and owned by a company or an individual and it includes trademarks, patents, industrial designs and copyrights.
What are the similarities and differences of intellectual property copyright? ›
“Intellectual property” is a broad term encompassing several forms of property. “Copyright” is a particular subset of IP. “Fair use” is a doctrine of copyright law which enables use of a small, limited portion of a work protected by copyright while avoiding infringement of the owner's rights.
What is the difference between copyright and patent in simple words? ›
The Difference Between a Patent and a Copyright
A patent protects inventions and new processes. Copyright protects original works of authorship and artistic works in a tangible form. Published and unpublished original works qualify for copyright protection.
What is the relationship between copyright and intellectual property? ›
Intellectual property is protected by laws specific to the expression of an idea. Copyright is the law specific to the expression of ideas in visual or audio form. Unlike a trademark that indicates a specific item or design is protected, copyright covers a different expression of thought.
What do you mean by intellectual property? ›
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
How can you differentiate intellectual property from other property? ›
Intellectual property includes inventions (patents), literary and artistic works (copyrights), designs (design patents), and branding elements like company names and logos (trademarks). On the other hand, other property types include land, buildings, vehicles, stocks, bonds, and cash.
Is intellectual property protected by copyright? ›
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.
What is intellectual property and what is not? ›
Intellectual property is a broad categorical description for the set of intangible assets owned and legally protected by a company or individual from outside use or implementation without consent. An intangible asset is a non-physical asset that a company or person owns.
How long does patent protection last? Patent protection is granted for a limited period, generally 20 years from the filing date of the application.
How much does a patent cost? ›
Need Help? A patent attorney will usually charge between $8,000 and $10,000 for a patent application, but the cost can be higher. In most cases, you should budget between $15,000 and $20,000 to complete the patenting process for your invention.
What defines fair use? ›
Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circ*mstances.
How much does it cost to get a trademark? ›
The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).
What is a trade secret in business? ›
Trade secrets are intellectual property (IP) rights on confidential information which may be sold or licensed. In general, to qualify as a trade secret, the information must be: commercially valuable because it is secret, be known only to a limited group of persons, and.
Why is the government involved in protecting people's intellectual property? ›
to deter access to counterfeit and pirated goods that can harm consumers; to ensure that the interests of American IP rights holders are protected abroad; to promote IP protection and enforcement as vital for economic development.
Is copyright considered intellectual property? ›
Copyright is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression.
Does intellectual property include copyright? ›
For the sake of clarity, this discussion will focus only on American laws related to this topic, i.e., intellectual property recognized under United States law includes patents, copyrights, trademarks, and trade secrets.
Is all intellectual property copyrighted? ›
Trademarks, patents, and copyrights are different types of intellectual property. The USPTO grants patents and registers trademarks. The U.S. Copyright Office at the Library of Congress registers copyrights. Use the IP Identifier to learn what kind of intellectual property you have.
What are the four types of intellectual property? ›
Intellectual Property Law includes patents, copyrights, trademarks, and trade secrets.
