I have some experience with copyright and trademark, from my work as a technical writer at companies that protect both.
Copyright is the right to copy your work, either verbatim or as a changed but recognizable work. For example, someone cannot copy the opening chapter of your book and include it in a book of "Great Fantasy Opening Chapters" without your permission (which would usually require payment from the person who wants to copy your work).
Copyright, in the medium of writing, is protecting how you have put these words together and expressed your opinions, but it does not protect the invidual names you chose. If someone likes the names of one of your characters or places and wants to use that name, I do not believe you would be protected by copyright.
Trademark is used to protect terms (names for products, companies, etc) for use within a specific domain. For example, Tylenol is a trademark of The Tylenol Coroporation (yes, this is a real example, and I know that it's a circular definition). It is probably limited to medication (meaning I could not manufacture some pill and call it Tylenol Happy Pill), but it's also possible that there is broader protection (which would determine whether I can see a Tylenol sofa or name a character in my book Tylenol).
Trademark and copyright have different rules as to how you establish copyright/trademark, and how long it applies.
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branchandroot
no subject
Date: 2004-10-20 06:21 pm (UTC)Copyright is the right to copy your work, either verbatim or as a changed but recognizable work. For example, someone cannot copy the opening chapter of your book and include it in a book of "Great Fantasy Opening Chapters" without your permission (which would usually require payment from the person who wants to copy your work).
Copyright, in the medium of writing, is protecting how you have put these words together and expressed your opinions, but it does not protect the invidual names you chose. If someone likes the names of one of your characters or places and wants to use that name, I do not believe you would be protected by copyright.
Trademark is used to protect terms (names for products, companies, etc) for use within a specific domain. For example, Tylenol is a trademark of The Tylenol Coroporation (yes, this is a real example, and I know that it's a circular definition). It is probably limited to medication (meaning I could not manufacture some pill and call it Tylenol Happy Pill), but it's also possible that there is broader protection (which would determine whether I can see a Tylenol sofa or name a character in my book Tylenol).
Trademark and copyright have different rules as to how you establish copyright/trademark, and how long it applies.