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In this video, we will discuss copyrights, patents and trademarks,
the differences between them, the advantages they have, reasons why you need
to know about them, some of the things that could go right and wrong with them.
Copyright is easy, you can create a copyright at work instantly.
You don't need a lawyer, you don't need a filing fee, it's a simple matter.
When you take a photograph with your phone, when you record something with your
phone, film or audio, it's copyrighted from the moment of creation.
For copyright, all you need is it has to be original and
it has to be fixed in a tangible medium of expression.
It's very simple, we create copyrighted works all day.
For copyright, you don't have to send it to Washington.
You don't have to pay anything.
There are advantages to registering your copyright in Washington with
the Library of Congress, where the United States Copyright Office is located.
There are reasons you should register your work, but
it's protected from the moment of creation.
If you wrote a song and you wanted to put it on YouTube,
I think you should do it immediately, as soon as you want anyone to hear it.
It is protected.
If you register it with the copyright office, it will take months but
you're protected before it even becomes officially registered.
Trademarks are important because they distinguish goods from each other and
services from each other.
Some of the issues with that again,
you have to think you don't want to confuse the consumer.
Of course, everyone knows Apple.
They started in the mid 1970s and they wanted to trademark that name.
There was a problem right away with them getting a trademark,
because the Beatles who were more famous, in the late 60s created Apple,
and they meant Apple Music, and Apple Records, Apple Publishing.
Their company was Apple.
So when these guys in California, Steve Jobs,
wanted a trademark on Apple, the Beatles were concerned.
But everyone talked about this and said this won't cause confusion
because Apple computer said we do computers, we don't do music.
So there's no issue, there will be no confusion.
And the Beatles saw that and fine, went on until
Apple computers get into music and then now there's a problem.
Because when Apple computers were created, of course, computers originally weren't
considered to be fun, they were things for work and computations.
So that had to be worked out so that both companies could stay as Apple.
To get a trademark, you'll have to have a fee of about $290 you'll have to pay.
It's an extensive application process.
You definitely need a lawyer.
You have to do a search of trademarks to make sure yours isn't too
close to something, or the color, or your logo, and so forth.
That's pretty complicated.
You have to have a trademark lawyer.
Patents are inventions.
There are three kinds of patents.
There is a patent called a utility patent.
That's what we normally think of, something that's useful.
If you go to Starbucks, the insulating sleeve that's on the cup so
you won't burn your hand, that's a patent.
The lid on the cup is a patent because of how it's designed,
the type of hole in it, the reservoir where the coffee goes, and so forth.
Those are utility patents.
A design patent is some design that you want to protect.
A patent lasts for 20 years.
So there's a utility patent, a design patent, and
the third patent is a plant patent,
meaning you're crossing one type of plant with another for some scientific reasons.
And a lot of medicines come from plants, so
plant patents have been around since 1930.
They're extremely important, and like the other two, they last for 20 years.
To get a patent, it's insanely complicated.
[LAUGH] You need probably $20,000 at the minimum.
You have to do extensive searches.
You need a patent attorney who's much different than any other kind of attorney.
It's a higher level of expertise.
But you have some good advantages by knowing what they are and
knowing the difference.
With copyrights, patents, and trademarks, as I mentioned,
copyrights are very important, they're the government backing your work.
Your work is copyrighted from the moment of creation.
It's very important.
You have the right to exclude others from using your music.
Trademark is something that will identify the origin of goods,
the recording artist or the band, the record label.
Patents can be a process.
It's very important to know about them, know the differences and
to be able to use them to your advantage.