Whats The Difference Between Copyright and Trademark?

[romantico]

Can someone tell me what the difference between copyright and trademark is? I wrote a script a couple years ago and I paid to have it copyrighted. I have the paperwork and all but someone recently asked if I had it trademarked as well. Does copyright just protect my story idea? I always thought the title was what people had trademarked. For example, if I wrote a movie called DEMOCRATIC UNDERGROUND and I wanted to make sure no one used that title,would I then trademark it?

I'm confused over the two and am curious if anyone out there happens to know the difference and can explain in a simple way. Many thanks.

[RevStPatrick]

1. A script would fall under copyright.

I can't imagine why you paid to have to have it copyrighted.
It's copyrighted the minute you wrote it.
Of course, there are ways to protect that copyright, and that's probably what you paid for.
Generally, this is unecessary.

A trademark would be a brand, like Coca Cola.
You can trademark a word or phrase so that it is protected from other people profiting from that word or phrase. You can say and write the words Coca Cola all you want, but if you try to profit from saying or writing those words, they can sue you.

http://en.wikipedia.org/wiki/Copyright

http://en.wikipedia.org/wiki/Trademark

[cemaphonic]

2. IANAL, but...

You pretty much have it. Copyright protects an expressive work - a book, a song or musical composition (or recording - Beethoven's 5th is not under copyright, but any given recording of it is), a movie, etc. Copyright is also automatic and persistent. When you create a work, it is instantly under copyright (although paying to register the copyright as you did is a good idea if you plan to use it commercially because it makes the copyright easier to defend legally) and will be until your death + however many years Congress expands it to. The idea is to allow the creators of works to be able to profit from the exclusive sale and use of their creations for the duration of the copyright.

Trademark has more to do with protecting commercial branding - logos, slogans, product names and likenesses, and so on. It's purpose is more to avoid confusion in the marketplace, and to avoid knockoff products from being able to poach off the development and marketing of another product. So if I make a cut-rate soda, trademark is what keeps me from giving it a swirly logo that says "Coca-Cola." Unlike copyright, trademarks have to be registered, and can be lost if not defended aggressively.

Unless you have plans for selling a bunch of associated merchandise (Star Wars, for example), and have deep legal pockets, I can't think of any good reason for trying to trademark any part of a movie script.

Edit: Heh, the fact that both of us gave Coca Cola as our trademark example demonstrates the power of branding, and why companies want a legal avenue for enforcing their uniqueness.

[kurtzapril4]

3. Titles of books and records

Can't be copyrighted, as far as I know.

[romantico]

4. I

I think I get it. Look at these titles for these films for example:





I noticed while watching older movies from the 50's and 60's we see the trademark on a film title or a copyright all the time. In this case I'm sure it has something to do with the Bram Stoker estate and not associating it with the original Dracula story,which the Bram Stoker estate I'm sure owns.

[HopeHoops]

5. Simple: Copyright is for written/pictoral work. Trademark for products. Service Mark for services.

You do NOT need to register any of them, but you can't use the circle R unless it is registered. You can still claim copyright (automatic, whether claimed or not) and TM and SM as well without registering anything. Registration gives you additional rights, but in general they don't amount to much, if anything. I've got TMs and SMs on a number of things and copyright on a lot of others. You have to both claim it and defend it to keep it in force.

This post Copyright (c) 2012, HopeHoops.
All rights granted to DemocraticUnderground.com

[jmowreader]

6. A trademark would be needed if you actually made a movie out of the script

If that happens, the trademark will be registered by the movie company.

[TeamPooka]

7. FYI, you can't copyright a title. Just the content of the story

for instance I can write a book called CASABLANCA but I can't make it about anyone named Rick and Ilsa in WWII.

[romantico]

8. Thanks

Thanks for the advice everyone.