Before you publish your book you have to know the difference between copyright (©) and trademark (™). Do not make the mistake of assuming the terms are similar, or that only one of the terms applies to you.

 

Copyright (©)

Copyright laws legally protect your writing, recording, or work of art upon completion. Copyright laws do not protect an idea. Everything that is not dialogue in a movie manuscript is an idea. Copyright laws all over the world are typically similar to United States copyright laws, but some countries do vary, and some countries do not honor copyright laws. The duration of time for copyright protection (depending on date and method of publishing) is limited to a certain number of years after the book’s date of publish, or after the death of copyright holder(s). Numerous factors decide the length of a copyright notice. In the United States, books published before 1923 are public domain, which means the material is free to use. Copyright for a book published for hire or anonymously provides protection for a certain number of years after the official publish date. Copyright for books published by a person provides protection for a certain number of years after the death of the copyright holder(s).     

 

Trademark (™)

A trademark legally prevents anyone from using a person’s creation, and covers any amount of time, including eternity. A trademark typically consists of a title, character or word.  

          I studied Dr. Seuss as I was learning the difference between copyright and trademark. A copyright was the only protection applied to Dr. Seuss books for many years. There was no trademark protecting his titles or characters. As Dr. Seuss books became popular, the publishing house secured trademark protection for many of his titles and characters in order to retain permanent ownership. At the time of securing the trademarks, no one thought the name “Nerd” which Dr. Seuss published in 1950 in a book called, If I Ran the Zoo, would ever have a positive image. There was also question if the name “nerd” became a “mainstream term” do to a magazine article that provided a definition and image of the word “nerd” that was of no relationship to Dr. Seuss’ fictional book character. No one representing Dr. Seuss secured a trademark for the name “nerd”. The Wonka candy company was able to legally use the name “nerd” and apply a trademark to the iconic candy name.