There seems to be a lot of confusion about copyright and
trademark
While the protections are similar, they are 2 very different
things
So we'll get started with definitions. From Webster's dictionary
Copyright: the exclusive legal right to reproduce, publish, sell, or
distribute the matter and form of something (as a literary, musical, or
artistic work)
Trademark: a device (as a word or image) pointing distinctly to the
origin or ownership of merchandise to which it is applied and legally
reserved to the exclusive use of the owner as maker or seller
So copyright protects words, images, and sounds (books and other printed
matter, music, movies, photos, etc.).
While trademark protects brands
(McDonalds, Hello Kitty, Disney, John Deer, etc.)
Another difference between the 2 is that when you take a photo, write
words, etc. you are automatically copyrighted in the US and the other
countries that recognize the same set of laws. You can pay to have your
item copyrighted, but this fee is mostly for extra protection in case
you ever have to go to court over it.
But a trademark only goes into effect when you pay the money to have
your trademark registered with the USPTO (US patent and trademark
office).
Both sets of laws allow you to license some rights.
With both sets of laws, the copyright and/or trademark holder must
enforce them. If the holder doesn't enforce the laws themselves, they
can lose their protection, even if they paid a fee.
Not everything can be copyrighted or trademarked. Clothing, for example, a finished item does not have copyright and/or trademark protection unless said finished item has a decorative element (artwork, logos, etc)
I always assume that words, images, etc are copyrighted unless it says specifically that it is in public domain,to be extra safe.
As for trademarks, if you are wondering if a particular term is trademarked, check here: http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=4004:l6edhl.1.1
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