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What’s the Difference between Copyrights and Trademarks

Trademarks and copyrights are often confused, and for good reason, since there is some overlap. Copyrights cover creative or intelligent works, while trademarks are source-identifying marks. And to blur the lines a bit, some forms of works can fall into both categories, like logos and jingles, which can be considered both creative works and source-identifying marks.

Where do I get a Copyright/Trademark?

These two intellectual property assets are governed by two different offices, copyrights being controlled by the U.S. Copyright Office and trademarks (along with patents) being managed by the U.S. Patent and Trademark Office and additionally by state trademark offices. While trademarks can applied for at both a state and federal level, there is no such thing as a state copyright.

How Long Does a Copyright/Trademark Last?

The life expectancy for copyrights is significantly shorter than that of trademarks. As long as a trademark is used and maintained, it can live forever. On the other hand, a copyright’s life expectancy will depend on the filer. A copyright filed by an individual can only survive for the life of that individual plus 70 years. A copyright filed by a business can live 120 years from the date of creation. Some exceptions apply, so speak with a copyright attorney.

What do I need to File a Copyright/Trademark Application?

When filing for a registered work, a copyright must first exist in a tangible form. That means that it needs to be written out, typed to paper or saved on your computer. “Living works of art” like floral arrangements, typically cannot be protected.

What Symbol Do I Use?

To give proper notice of your copyright to the world, you’ll want to attach the copyright symbol to your work. You can do so by using the word “copyright” (or its abbreviation), the year the work was first published, and the name of the owner. For example, at the bottom of the Rockridge website, which the firm claims as its copyrighted work, you’ll see “© 2020 Rockridge Venture Law.”

What are the Benefits to Copyright and Trademark Protection?

When you receive your copyright or trademark registration, you’ll not just have peace of mind, but also access to a number of market and legal benefits.

What Damages do I get from Infringement?

A very significant difference between copyrights and trademarks is the infringement damages tied to either form of intellectual property. Under copyright law, copyright holders are entitled to receive minimum statutory damages, and do not have to prove actual damages from the infringement. Statutory damages for infringements that cannot be clearly proven as either innocent or willful are usually between $750 and $30,000 per work, as determined by the court. The exact amount depends on the seriousness of the infringing act and the financial worth of the infringer. On the other hand, an innocent infringer—that is, someone who didn’t know they were violating copyright law– may have to pay as little as $200 per work. This would be especially true if the work did not have a proper copyright notice. An intentional or willful infringer may have to pay as much as $150,000 for a single infringement of one work.

About Lauren McClanahan

Lauren McClanahan is a privacy and branding attorney at Rockridge Venture Law®. Equally adept at creative campaigns as well as technology transactions, Lauren leads clients through copyright, privacy, regulatory, and trademark considerations in optimizing successful e-commerce portfolios. She is a leading voice among women practicing in technology law and an IAPP Young Privacy Professional. Her primary practice areas include copyright and trademark law, data privacy, sports and entertainment law, and technology transactions. Lauren also leads the Knoxville Technology Council’s Women in Tech Committee, and is a Director of the Tennessee Women’s Theater Project. Read more about Lauren, connect with her, and Calendly her.

About RVL®

Rockridge Venture Law® was launched in 2017 to become the preeminent intellectual property and technology firm across the Appalachian Innovation Corridor. We now have offices in Chattanooga, Durham, and Nashville, and represent clients and interests globally. Our services include all aspects of intellectual property, litigation, M&A, privacy, technology transactions, and ventures.

We’re proud to be a Real Leaders Top 150 Impact Company and B Corp Best for the World for our commitment to triple bottom line business practices. Rockridge® is also certified by 1% for the Planet for its nonprofit partnerships advancing stewardship and sustainability. RVL’s nonprofit partners in 2020 include Green|Spaces, Living Lands and Waters, Mustard Seed Ranch, and the NC State Lulu Games Social and Environmental Impact Competition. We value transparency and proudly publish our yearly impact reports.

Our pioneering environmental and social impact programs attract top-notch legal talent and assure our clients of missional alignment with their corporate values. Rockridge uniquely addresses two modern profit drivers: innovation (uptake and development), and corporate social responsibility. We’re Building Today’s Company for Tomorrow’s Economy® by leading clients through the dizzying array of information controls, by helping them to develop and monetize proprietary assets, and by enabling their impactful products, programs, and principles.

Learn about global impact and innovation leaders at Rockridge I-Suite®.

See case studies on how we’ve helped transformative companies at Rockridge Case Studies.

Please note that this guide is for informational and advertisement purposes only. The use of this guide does not constitute an attorney client relationship. As laws frequently change and may be interpreted differently, RVL® does not in any way guarantee the accuracy or applicability of this information.

Lauren McClanahan

Author Lauren McClanahan

Lauren McClanahan is a data privacy and brand law attorney at Rockridge Venture Law®. Equally adept at creative campaigns as well as technology transactions, Lauren leads clients through copyright, privacy, regulatory, and trademark considerations.

More posts by Lauren McClanahan

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