Protect Your Ideas With Copyrights and Patents by Tim Knox Small Business Q&A Copyright 2003 http://www.smallbusinessqa.com=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
Q: Can you tell me difference between a copyright and a patent? Also is that something I should let a lawyer handle for me?
A: A wise man once said, "The biggest difference between a copyright and a patent is number of lawyers it takes to do paperwork." There is a point to be made there, mainly that if this wise man had paid his attorney to copyright that tidbit of wisdom I probably would have had to pay him five bucks to use quote.
Copyrights, trademarks and patents are similar in that they are designed by law to protect your rights of ownership, but that's where similarity ends. A copyright protects a creative work; a trademark protects a brand or company identity; and a patent protects an invention or process.
A copyright protects rights of anyone who creates an "original work of authorship." A copyright owner has exclusive right to reproduce work; prepare spin-off works based on copyrighted work; and to sell, perform and/or display copyrighted work in public.
Copyright protection is afforded to eight categories of creative works: literary works (the written word); musical works (lyrics, music, melodies); dramatic works (plays, scripts, screenplays); artistic works (pictorial and sculptural), sound recordings (LPs, CDs, audio tapes); choreographic works (dance, pantomime); audiovisual works; and architectural works (blueprints, designs, renderings).
An original work is automatically copyrighted moment it is put into a fixed format such as a paper copy or recording. In other words, once you put your original story in writing or make a recording of an original song, your copyright is automatically secured. From that moment on your work has copyright protection for your lifetime, plus 50 years after your death.
Registering a work with U.S. Copyright Office is not required, but since it is relatively simple and inexpensive to do so, I advise that you register a copyright for each work you wish to protect. Also, your copyright must be registered in order to take legal action against someone who might infringe on copyright in future.