CopyrightsCopyrights protect original works of authorship, such as paintings, photographs, musical compositions, sound recordings, computer programs, books, blog posts, movies, architectural works, and plays. There are some things that are not “creative,” like titles, names, short phrases, and slogans; familiar symbols or designs; lettering or coloring; and mere listings of ingredients or contents. Copyrights protect expression and never ideas, procedures, methods, systems, processes, concepts, principles, or discoveries. Show Companies can be copyright owners as the law allows ownership through “works made for hire” — works created by an employee within the scope of employment or certain independent contractors owned by the employer. Copyright law provides copyright owners with the following exclusive rights (among others):
Works created on or after January 1, 1978, have a copyright term of life of the author plus seventy years after the author’s death. For works made for hire, copyright protection is 95 years from publication or 120 years from creation, whichever is shorter. Copyrights exist automatically but you can enhance the protection by registering the work. Copyright registration is not mandatory but allows copyright owners to seek certain types of monetary damages and attorney fees. Notable exceptions to the exclusive rights are “copyright fair use” or the use of copyrighted works that have fallen into the “public domain.” As to the latter, in-house counsel must ensure any company copyrights are kept current until they otherwise expire. Which of the following are the four key forms of intellectual property protection that you need to know about? When weighing the differences between trade secret vs. patent or trademark vs. copyright, it’s important to understand that the practice of intellectual property law is broad. These four intellectual property protections impact a number of different industries. This is why lawyers with experience are being recruited at start-ups, global companies and every organization in between. Cardozo School of Law has been a leader in intellectual property law from the start. Below, we've highlighted the differences between the four types of intellectual property protection to provide an overview of the key elements for this area of law.  CopyrightCopyright protection covers “original works of authorship.” Artistic works such as music, films, writings, and even architecture, fall under this umbrella. Specifically, the Copyright Act gives an author ownership of their creative work as well as reproductions, distribution, performance, display, duplication, and more.1 This type of protection does not necessarily require filing, and the work does not even need to be actually published yet either. However, filing an official copyright provides additional protections for the creator, including financial recourse for copyright infringement. Registration is done through the Copyright Office of the Library of Congress. The length of copyright varies as well, depending on whether the work was published and the exact date of publication. If published after 1978, it can last for 70 years after the author’s death, or if it's an anonymous work, 95 years after its first publication or 120 years from its creation, whichever is first. PatentHow can intellectual property protect the rights of inventors? Unlike copyright law, which covers what we consider more creative or artistic works, patents protect discoveries and inventions. These innovations can include new drugs by pharmaceutical companies, software programs or machines from small tech start-ups, and much more. Patents offer protection for a shorter period of time, usually 20 years.2 During that time, the patent holder essentially has a monopoly on using their invention. The idea behind this protection is to encourage innovation in companies and recognize that a significant amount of time, money, and commitment went into creating something new. There are three types of patents in the U.S.:
Unlike copyright protections though, if a patent is not filed, there is no protection for the invention. Registering a patent can be a complex and challenging process, so most inventors choose to work with a patent or intellectual property law lawyer throughout this process. Also, unlike copyright protections, patents are registered through the United States Patent and Trademark Office, which sits in the Department of Commerce. TrademarkTrademark is about protecting the branding, logos, and phrases that identify and organization or the source of a product. This can be a company name, tagline, or a symbol that shows or indicates where a product is from.3 The term service mark often comes up when we talk about trademarks. Technically, service mark refers to protecting a service being offered by a company, not the product. However, usually trademark is used as an umbrella term, implying both. The goal of trademarks is to help protect consumers from being misled. That means it offers protection against its branding being used by another organization within its line of business or a related business. Similarities can be similar looks or designs, similar sounds, design elements, and more. Like copyright protections, trademarks do not need to be registered, but when they are, it can provide additional protections for its owner. It’s important to understand that a trademark protection does nothing to protect the good or service itself. Generally speaking, trademarks and trademark law prevent confusion among consumers. For example, if a company were to create a similar logo to a competitor, consumers may think they are buying from that company when they meant to purchase from the competitor. Trademark protection prevents things like this from happening. Like patents, trademark registration sits with the United States Patent and Trademark Office. When pursuing trademark registration, it’s recommended to start early to be sure you’re developing branding that’s strong creatively and in the legal sense. Trade SecretTrade secrets are defined by three elements according to the U.S. Patent and Trademark Office. A trade secret:
The information can only receive trade secret protection if all three of these requirements are met. Trade secret protection is seen as complementing patent protections. To receive a patent, the inventor must give specific details about their invention or innovation, but the goal of a trade secret is to protect those specifics and processes. While patent protection will eventually expire, there is no limitation on how long a trade secret can be protected. Navigating Each Intellectual Property ProtectionCopyright, patent, trademark, and trade secret protections are very different, but each of them is complex in their own right. They’re important to many different companies in many types of industries. From tech start-ups to independent filmmakers to Fortune 500s, intellectual property protections are a critical part of doing business. The online intellectual property law program at Cardozo School of Law is built to prepare lawyers with the skills to enter any industry as an intellectual property attorney. Learn more about the curriculum in our Online LL.M. in Intellectual Property degree and see how it can impact your legal career. What is the strongest form of intellectual property protection?A patent gives the inventor the exclusive right to prevent others from making, using or selling a similar product for a fixed period of time — 20 years in most countries.
What types of intellectual property can be protected?There are four main types of intellectual property rights, including patents, trademarks, copyrights, and trade secrets.. Patents. ... . Trademarks. ... . Copyrights. ... . Trade Secrets.. What are the 4 types of intellectual property?Patents, trademarks, copyrights, and trade secrets are valuable assets of the company and understanding how they work and how they are created is critical to knowing how to protect them.
Which of the following is the best type of intellectual property?Utility and design patents are different. You need to know which one to obtain to protect your invention. If, when you describe your invention to others, you describe the invention in terms of its function or utility, a utility patent application would be the best type of protection.
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