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Copyright & Trademarks - Protect your Creative Works!

By Francine Ward
December 23, 2005

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This is a special contribution from Francine Ward.

How to distinguish between a Copyright and a Trademark; what can be protected by each.

Recently I was asked to copyright someone's book title. I told her it couldn't be done. That if a book title was to be protected at all, it would likely be through trademark protection or some form of contract. "You're wrong," she insisted, "My friend copyrighted his book." As I listened more closely to what she said, I began to realize she was confusing copyrighting her book with copyrighting the book's title. I thought to myself, I wonder how many other people have made that very same mistake. How many people in some way have confused copyrights with trademarks?

While copyrights and trademarks are both part of the family called intellectual property - something you own, which you design, develop, conceive, or construct with your own creative mind or intellect - the similarity ends there.

A Copyright is a legal form of protection afforded to any original work of art or authorship that has been reduced to a tangible or physical form. And, your work is protected the moment you convert that original idea into something you can hear, see or touch. That's what's meant by tangible. Absolutely nothing else has to be done. (However, later in our process we'll explore additional ways to protect your valuable copyrights.) For now all you need to know is for a copyright to be valid the work must be original and tangible.

We'll look at trademarks more closely a little later in other articles, but for the sake of distinguishing a copyright from a trademark, here is the definition:

A trademark is a distinctive word, name, phrase, logo, design, symbol, sound, color, smell, or a combination of the above, which identifies the source of the goods and/or services. It simply tells the marketplace, including you the consumer, who owns what. It let's you know who to purchase products and services from and who to complain to when there's a problem. For example, the golden arches is a protectable trademark of the McDonald, Inc., the swoosh symbol is a protectable mark of Nike, Inc, the doink doink sound on the television show Law & Order is a protectable mark of the Law & Order franchise, and the color pink used in fiberglass insulation products is a protectable mark of the Owens Corning company.

For more information on this subject visit our success store and learn about the "Copyright & Trademark Home Study Course" available in digital delivery.
www.primeconcepts.com/products/trademark.shtml

Published in Speaker Success Strategies

As President of Prime Concepts Group, Inc., Ford Saeks is best known for his ability to position people and their products and services for profit through proven marketing, innovative publicity campaigns and profit-rich solutions. Thousands of people watch his television show “Profit-Rich Marketing,” read his “Success Strategies" marketing column in business and trade publications, and he’s been interviewed on numerous radio programs. Companies and organizations of all types and sizes benefit from Ford’s customized consultations, corporate presentations and seminars. An entrepreneur in every sense, Ford shares his real-life advice as someone who has been there—in his own ventures and with his many clients. For useful marketing tips and to subscribe to Ford’s free monthly marketing tips ezine, visit www.primeconcepts.com.

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CONTACT INFO: Ford Saeks is available to the media and to meeting planners for interviews and programs concerning direct and Internet marketing. He can be reached through Prime Concepts Group, Inc. at 1-800-946-7804 or 1-316-942-1111. Rights to reprint and reproduce this article are granted as long as it includes the full last paragraph tag line complete with web links.

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