Difference between copyright and trademark
Copyright and trademark are two important terms that a graphic designer must have knowledge of. People usually get confused between trademark and copyright and often think that these two entities are same. But the fact is that these two terms vary in their meanings as well as in usage. Copyright is a right that protects the creative work from being copied. A trademark is used as the brand identity and parts it from other products in the market. There is a number of ‘difference between copyright and trademark;. Have a look.
Definition of Copyright
Copyright is the exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material. Copyright means nobody can copy, reproduce or use the content of the maker without compensating him or his legal heirs. The owner has the full-fledged rights of printing, publishing, copying, or marketing his intellectual work. It protects books, songs, dances, novels, music, movies, paintings, photographs, etc. fixed to the form of expression.
It is made to ensure the protection of original pieces of work. The rights are assigned to the author for a fixed term; that covers the life of the creator plus 60 years.
Definition of Trademark
A trademark is anything that helps to identify the uniqueness of the brand and ensures its authenticity. Trademark is a symbol, word, or words legally registered or established by use as representing a company or product, in other words, any mark, symbol, logo, design, brand, slogan, catch phrase, company name and combination of all, which is used to recognize the company name behind the product or service is a trademark. It includes anything used by the producer to distinguish his product from other products in the market. It is meant to protect public from getting confused among similar other products in the market.
There are two types of trademark- registered and unregistered.
A trademark must be unique and needs to be located on the product sold. For getting protection rights, you need to register the trademark. In general, it is provided by the authority for a period of 10 years.
Key Difference between Copyright and Trademark
The major difference between copyright and trademark are as follows:
- Copyright is the rights of the maker of his intellectual property, which prevents others from publishing or copying the original piece of work.
- Something which recognizes the brand identity and separates a product or service from those of the competitors is known as the Trademark.
- In India Copyright is governed by the Copyright Act, 1957 whereas a trademark is governed by Trademark Act, 1999.
- The subject matter of copyright is an artistic and literary creation while that of a trademark is goods and services.
- Copyright is issued for a lifetime to the rightful owner, plus an extra 60 years. Normally, a registered trademark is issued for a period of 10 years, but it can be renewed on the payment of prescribed fees.
- Copyright covers any original creation.
- The trademark covers anything which is used to recognize the brand name behind the product.
- Copyright prevents others from using the original creation.
- Trademark protects public from confusion or prevents others from using a resembling mark.
- Copyright has an international coverage, but a trademark covers a limited area, normally where the goods are traded.
Comparison Chart of Difference between copyright and trademark
|BASIS FOR COMPARISON||COPYRIGHT||TRADEMARK|
|Meaning||The right of the maker of his intellectual property, which prevents others from publishing or copying the original piece of work, is known as Copyright.||Trademark is anything that recognizes the brand uniqueness and separates a product or service from those of the competitors.|
|Governing Act||Indian Copyright Act, 1957||Trademarks Act, 1999|
|Subject matter||Artistic and literary creations||Goods and Services|
|Covers||Any original creation||Any mark, used to identify the brand behind the product.|
|Used to||Prevents others from copying or using the original creation.||Protect public from confusion.
|The areas covered||Act applicable all around the world.||Limited area.|
|Issued for||Long-term||Comparatively short term|
Also, have look at our article about Important terms every designer should know. Happy designing!!!