What is the difference between a copyright and a trademark?

The primary difference between a copyright and a trademark is the type of intangible property they protect. A copyright is a form of intellectual property protection that grants the creator of an original work exclusive legal rights to the work. This includes the right to publish, reproduce, and distribute the work in any form. A trademark is another form of intellectual property protection, but it applies to marks, names, logos, symbols, or other designs that distinguish a product or service from those of another business. In terms of New York Art Law, copyrights cover any creative, original artwork, such as books, music, paintings, photographs, and other works of art. Copyright protection only applies to the expression of an idea, not the idea itself. Trademarks, on the other hand, are used to distinguish goods and services in the marketplace. The owner of a trademark can prevent others from using a similar name, logo, or design for their own product or services in order to prevent marketplace confusion. In general, copyrights protect an individual’s creative expression, while trademarks protect a business’s products or services. Thus, a copyright is needed to protect the work of creative professionals such as authors, musicians, and artists, while a trademark is needed to protect a company’s name, logo, and symbols. As such, it is important for artists and businesses in New York to understand the differences between a copyright and a trademark in order to ensure the proper protection of their work.

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