Copyright is a form of intellectual property that grants the creator of a work exclusive rights to its distribution and use as soon as they put it into a tangible form. Copyright protection applies to many creative works, such as songs, books, plays, movies, and software, and it protects both published and unpublished works. However, copyright does not protect ideas, methods, or systems. Copyrights for works created today last for 70 years after the death of the creator.
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Intellectual property consists of intangible creations. This is a broad category that includes people's ideas, from a song to a company's logo to a new invention to a secret recipe. Intellectual property can be protected by copyrights, trademarks, or patents. If the intellectual property is an invention, like a new machine, a new drug, or a new design for an existing product, it can be protected with a patent. The owner of a patent has the exclusive right to make and sell their invention for a set period of time, typically 20 years. This incentivizes innovation while ensuring that no one has a monopoly over the invention forever.
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A trademark is a symbol that identifies a business or product and distinguishes it from others. Trademarks can take different forms, including sounds, phrases, logos, and symbols. Examples of trademarks include the McDonald's golden arches, the shape of a Coke bottle, the shade of blue used on Tiffany jewelry boxes, and the NBC chimes. By registering a trademark, the owner gains exclusive rights to use that indicator in business. This helps customers to identify specific products and services and protects the reputation of the company that owns the trademark.
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When a creative work is not protected by a copyright, trademark, or patent, it's said to be in the public domain. Public domain works are freely available for anyone to use, distribute, or modify without having to seek permission from the original creator. This can happen when the creator intentionally waives their rights to the intellectual property or when a copyright or patent expires. Works created by the U.S. federal government are also considered to be in the public domain.
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Fair use is a legal doctrine that allows for the use of copyrighted material in certain situations, most commonly when it will benefit society in some way. For instance, using copyrighted material in news reporting, criticism, or teaching may be considered fair use. Whether or not something is considered fair use is decided by the courts on a case-by-case basis, so it's best to consult a lawyer before using copyrighted material that isn't yours.
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Copyright infringement is the unauthorized use of copyrighted materials. This includes reproducing or displaying copyrighted material without permission from the owner. Copyright infringement can have serious legal consequences, so it's important to respect copyright laws and get permission before using someone else's copyrighted material.
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Additional Readings on Copyright Law
- Small-Business Basics: Trademarks and Copyrights
- The Educator's Guide to Copyright, Fair Use, and Creative Commons
- How to Copyright Your Website: A Beginner's Guide
- Understanding Intellectual Property Law: A Comprehensive Guide for Beginners
- Introduction to Creative Commons and the Basics of Copyright Law
