What is the difference between a copyright and a trademark?
Copyright and trademark law are two distinct legal areas. Copyrights protect original works of art, literature, music, and other creative works from being reproduced or used without permission from the author. They generally last for the life of the author plus 70 years and are registered with the U.S. Copyright Office. Trademarks are a form of intellectual property that protect the names, phrases, symbols, designs, or other branding elements associated with a product or service. The purpose of trademarks is to prevent others from using the same or similar marks to confuse consumers about the source of the product or service. Trademarks can be registered with the U.S. Patent and Trademark Office and last as long as they are defended. In North Carolina, all of the protections of both copyright and trademark law can be enforced in the state courts. Persons who believe that their copyrights or trademarks have been violated may bring a claim in the Court of Common Pleas in the county of the violating party.
Related FAQs
What is patent law?What are the benefits of copyright registration?
What is the Lanham Act?
What is art investment?
How does copyright law apply to artwork?
What is the difference between a ‘license’ and a ‘sale’ of artwork?
What is a royalty split agreement?
What is the ‘first sale doctrine’?
What is a limited exclusive license?
What is a ‘backdating’ of copyright?
Related Blog Posts
Protect Your Art Through Art Law: Understanding the Basics - July 31, 2023Leveraging Art Law Regulations to Safeguard Your Creative Works - August 7, 2023
How to Structure Art Law Contracts - August 14, 2023
Art Law Trademarks and What You Need to Know - August 21, 2023
How to Negotiate Art Law Agreements with Clients - August 28, 2023