What is the difference between copyright and trademark law?
Copyright and trademark law are both forms of intellectual property law, but they are two different types of protection and have different requirements. Copyright protects original works of authorship, such as music, books, and art. It gives the creator of the work exclusive rights to copy, distribute, perform, and create derivative works from the original work. The creator of the work obtains a copyright when the work is created, but they can also register a copyright with the Copyright Office to make it easier to protect their work. Trademark law, on the other hand, protects words, symbols, or other devices used to identify the source of goods and services. It gives the owner of the trademark the right to use the mark in connection with the goods and services that it identifies. Like copyright law, trademark law is governed by state and federal laws. In Tennessee, one would register their trademark with the Tennessee Secretary of State’s Trademark Registry. In summary, copyright law protects original works of authorship while trademark law protects words, symbols, or other devices used to identify the source of goods and services. Although both laws are forms of intellectual property law, they have different requirements for obtaining and protecting intellectual property rights.
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