Intellectual property (IP) is a term referring to a number of distinct types of legal monopolies over creations of the mind, both artistic and commercial, and the corresponding fields of law.
Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property include copyrights, trademarks, patents, industrial design rights and trade secrets in some jurisdictions.
• COPY RIGHT – For Instruction / manual booklet denoted as ©
• PATENT- For every individual improved mechanism
• DESIGN – For outer shape & Contour / Configuration
• TRADE MARK – Brand name or Logo for goods denoted as ®
Introduction to copyright, patents and law of confidence
Copyright is the set of exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and adapt the work. Copyright lasts for a certain time period after which the work is said to enter the public domain (This is an intellectual property designation for the range of content that is not owned or controlled by anyone. These materials are “public property”, and available for anyone to use freely for any purpose).
Copyright applies to a wide range of works that are substantive and fixed in a medium. Some jurisdictions also recognize “moral rights” of the creator of a work, such as the right to be credited for the work. Copyright is described under the umbrella term intellectual property along with patents and trademarks. The Statute of Anne 1709, long title “An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein mentioned”, is now seen as the origin of copyright law.
Copyright has been internationally standardized, lasting between fifty and one hundred years from the author’s death, or a shorter period for anonymous or corporate authorship. Some jurisdictions have required formalities to establish copyright, but most recognize copyright in any completed work, without formal registration. Generally, copyright is enforced as a civil matter, though some jurisdictions do apply criminal sanctions. Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.
What does copyright protect?
Copyright, a form of intellectual property law, protects original works of authorship including:
literary, (fictional, storybook, mythical)
dramatic, (impressive, staged, vivid)
musical, (melodious, harmonious, pleasing)
and artistic works, (such as poetry, novels, movies, songs, computer software, and architecture.)
Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:
To reproduce the work in copies or phonorecords*;( As defined by the Copyright Act, a phonorecord is a physical object in which sounds (except for the sounds that go with a movie or audiovisual work) are fixed, such as a compact disc.)
To prepare derivative works based upon the work;
To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
To display the work publicly, in the case of literary, musical, dramatic, and Choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work;
In the case of sound recordings*, to perform the work publicly by means of a digital audio transmission.
How is a copyright different from a patent or a trademark? Copyright protects original works of authorship, while a patent protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.