There is a lot of confusion when it comes to copyrights vs. trademarks. I’ll have prospects say they want a trademark when they actually mean a copyright. Or they want a copyright, and it becomes clear they are talking about a trademark. Let me explain the difference between copyright vs. trademark and when they apply.
Copyright protects creative expression. Artwork, books, movies, and music are all examples of things that are covered under copyright law. The purpose of copyright is to encourage people to create and to make sure people profit from their creations. If you want to protect your work and make sure no one sells unauthorized copies or spinoffs, you want a copyright.
(Note: it’s important to remember that copyright only protects the expression, it does not protect facts or ideas. Two people can both write biographies about the same person without infringing on each other, as long as they don’t copy each other’s text.)
A trademark protects your brand in the marketplace. Company names, product names, logos, and slogans are all examples of things that can be protected under trademark law. The purpose of a trademark is to ensure that consumers know who they’re buying from, and sellers can build a reputation around their brand so people want to buy from them. In order to accomplish that, trademark law prevents competitors from using brands that are similar enough to confuse consumers. If you want to make sure no one is selling goods or services using your brand, you want a trademark.
If you are still confused about the difference between copyright vs. trademark, you are welcome to view my videos on these subjects on my website or my YouTube channel (https://www.youtube.com/channel/UC_CBZdIJWT9CthtY6oyWvnA).
If you are still confused, or you want help protecting your work or your brand, you are welcome to email me at kaway@kawaylaw.com.
