Copyright
A copyright is a form of protection provided by the laws of the United States
to the authors of "original works of authorship" including literary, dramatic,
musical, artistic, and certain other intellectual works. This protection is
available to both published and unpublished works.
It is illegal for anyone to violate any of the rights provided by the copyright
code to the owner of copyright. These rights, however, are not unlimited in
scope. In some cases, these limitations are specified exemptions from
copyright liability. One major limitation is the doctrine of "fair use." In other
instances, the limitation takes the form of a "compulsory license" under
which certain limited uses of copyrighted works are permitted upon
payment of specified royalties and compliance with statutory conditions.
Copyright protection subsists from the time the work is created in fixed
form. The copyright in the work of authorship immediately becomes the
property of the author who created the work. Only the author or those
deriving their rights through the author can rightfully claim copyright.
Copyright protects "original works of authorship" that are fixed in a tangible
form of expression. Copyright is secured automatically when the work is
created, and a work is "created" when it is fixed in a copy or phonorecord
for the first time. The fixation need not be directly perceptible so long as it
may be communicated with the aid of a machine or device. Copyrightable
works include the following categories:
A copyright is a form of protection provided by the laws of the United States
to the authors of "original works of authorship" including literary, dramatic,
musical, artistic, and certain other intellectual works. This protection is
available to both published and unpublished works.
It is illegal for anyone to violate any of the rights provided by the copyright
code to the owner of copyright. These rights, however, are not unlimited in
scope. In some cases, these limitations are specified exemptions from
copyright liability. One major limitation is the doctrine of "fair use." In other
instances, the limitation takes the form of a "compulsory license" under
which certain limited uses of copyrighted works are permitted upon
payment of specified royalties and compliance with statutory conditions.
Copyright protection subsists from the time the work is created in fixed
form. The copyright in the work of authorship immediately becomes the
property of the author who created the work. Only the author or those
deriving their rights through the author can rightfully claim copyright.
Copyright protects "original works of authorship" that are fixed in a tangible
form of expression. Copyright is secured automatically when the work is
created, and a work is "created" when it is fixed in a copy or phonorecord
for the first time. The fixation need not be directly perceptible so long as it
may be communicated with the aid of a machine or device. Copyrightable
works include the following categories:
 | (1) literary works; | |
| (2) musical works, including any accompanying words | |
| (3) dramatic works, including any accompanying music | |
| (4) pantomimes and choreographic works | |
| (5) pictorial, graphic, and sculptural works | |
| (6) motion pictures and other audiovisual works | |
| (7) sound recordings | |
| (8) architectural works | |
These categories should be viewed broadly. For example, computer
programs and most "compilations" may be registered as "literary works";
maps and architectural plans may be registered as "pictorial, graphic,
and sculptural works."
programs and most "compilations" may be registered as "literary works";
maps and architectural plans may be registered as "pictorial, graphic,
and sculptural works."
Patent
A patent is a property right granted by the US government. The
government is authorized to grant patents by Article I, section 8 of the
Constitution which reads, "Congress shall have the power . . . to promote
the progress of science and useful arts, by securing for limited times to
authors and inventors the exclusive right to their respective writings and
discoveries." The right that Congress grants is the right "to exclude
others from making, using, offering for sale, or selling" the invention in
the United States.
An inventor does not need a patent to make, use, or sell the invention
himself but he or she does need to obtain a patent in order to prevent
others from doing so. Even after a patent is obtained, the owner of the
patent does not have the right to use, make, or sell an invention if doing
so would violate the law.The patent right is granted for a limited time in
exchange for a full disclosure of the invention. The disclosure must be
sufficiently detailed to allow a person of ordinary skill in the art to make
and use the invention. A patent granted by the US government only
protects the invention within the United States and its territories and
possessions. Foreign patents can also be obtained to protect the
invention in other countries.
Trademark
A trademark includes any word, name, symbol, or device, or any
combination, used, or intended to be used, in commerce to identify and
distinguish the goods of one manufacturer or seller from goods
manufactured or sold by others, and to indicate the source of the goods.
In short, a trademark is a brand name.
One can register at the state or federal level. Trademark rights can exist
based solely on usage but federal registration has several advantages,
including notice to the public of the registrant's claim of ownership of the
mark, a legal presumption of ownership nationwide, and the exclusive
right to use the mark on or in connection with the goods or services set
forth in the registration.
A patent is a property right granted by the US government. The
government is authorized to grant patents by Article I, section 8 of the
Constitution which reads, "Congress shall have the power . . . to promote
the progress of science and useful arts, by securing for limited times to
authors and inventors the exclusive right to their respective writings and
discoveries." The right that Congress grants is the right "to exclude
others from making, using, offering for sale, or selling" the invention in
the United States.
An inventor does not need a patent to make, use, or sell the invention
himself but he or she does need to obtain a patent in order to prevent
others from doing so. Even after a patent is obtained, the owner of the
patent does not have the right to use, make, or sell an invention if doing
so would violate the law.The patent right is granted for a limited time in
exchange for a full disclosure of the invention. The disclosure must be
sufficiently detailed to allow a person of ordinary skill in the art to make
and use the invention. A patent granted by the US government only
protects the invention within the United States and its territories and
possessions. Foreign patents can also be obtained to protect the
invention in other countries.
Trademark
A trademark includes any word, name, symbol, or device, or any
combination, used, or intended to be used, in commerce to identify and
distinguish the goods of one manufacturer or seller from goods
manufactured or sold by others, and to indicate the source of the goods.
In short, a trademark is a brand name.
One can register at the state or federal level. Trademark rights can exist
based solely on usage but federal registration has several advantages,
including notice to the public of the registrant's claim of ownership of the
mark, a legal presumption of ownership nationwide, and the exclusive
right to use the mark on or in connection with the goods or services set
forth in the registration.
Copyrights, Patents, and Trademarks
 |
| |
 |
| |
 |
| |
 |
| |
 |
| Law Offices of Christopher J. Shellito, Esq., LLC 5510 Pearl Road, Suite 300 Parma, Ohio 44129 (440) 885-LAWS (5297) (440) 885-5318 Facsimile E-Mail: chris@shellitolaw.com |