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 can 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, 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 a 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-- is 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'll 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, well, this won't cause confusion,
because Apple Computer said, well, we do computers, we don't do music.
So there's no issue.
How could you-- there'll be no confusion.
And the Beatles saw that and--
fine, and went on until Apple computers get into music.
And then there was, OK, 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 lawyer, a trademark lawyer.
Patents are inventions.
There are three kinds of patents.
There is a patent called a utility patent.
That's what you 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 other 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.
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 of 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.