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    • Under the copyright law, the creator of the original expression in a work  is its author. The author is also the owner of copyright unless there is  a written agreement by which the author assigns the copyright to another  person or entity, such as a publisher.
    • As a general matter, copyright infringement occurs when a copyrighted work  is reproduced, distributed, performed, publicly displayed, or made into a  derivative work without the permission of the copyright owner.

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  • Sep 07, 13

    "Copyright refers to laws that regulate the use of the work of a creator, such as an artist or author. This includes copying, distributing, altering and displaying creative, literary and other types of work. Unless otherwise stated in a contract, the author or creator of a work retains the copyright.

    For a copyright to apply to a work, it must be an original idea that is put to use. The idea alone cannot be protected by copyright. It is the physical use of that idea, such as an illustration or a written novel, that is covered under copyright law."

    • Unless otherwise specified in a contract, the graphic designer retains the right to his or her creations, and should always attempt to do so. When designing a work for a client, you are also selling specific rights to use it. Copyright laws protect against additional use without proper compensation or agreement.

        

      For example: You design a logo for use on a specific product package for a cosmetics company. The company likes it so much that they decide to extend its use across their entire product line. You should be paid for this additional use, as it increases the value of the graphic work you created. For this reason, be sure to include in your contracts what the work can and cannot be used for.

      • Specific to graphic work

    • Trademark, Patent, or Copyright? 

       

      A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others.  A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods. The term “trademark” is often used to refer to both trademarks and service marks.

         

      Must all marks be registered?  No, but federal registration has several advantages, including a notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.  

         

      A patent is a limited duration property right relating to an invention, granted by the United States Patent and Trademark Office in exchange for public disclosure of the invention.

         

      A copyright protects works of authorship, such as writings, music, and works of art that have been tangibly expressed.

         

      The Trademark Operation of the United States Patent and Trademark Office (USPTO) handles trademarks only.  For information on patents, please visit Patents or contact 800-786-9199.  For information on copyrights, please contact the U.S. Copyright Office (a division of the Library of Congress).

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