Librarian
Legal Disclaimer
This guide is not intended to replace the advice of legal counsel. The content of this guide is meant to be informative, but does not constitute legal advice. If you have further questions about copyright in your specific situation, please seek appropriate legal counsel.
About
While it's easy to confuse copyright, patents, and trademarks, each serves a different purpose and provides different protections.
Copyright
Unlike patents and trademarks, copyright is registered by the Register of Copyrights within the Library of Congress. Copyright is intended to protect literary or creative works. For works published since 1976, copyright protects the work for the life of the author plus 50 years. Before 1976, copyright lasted 75 years.
Patents
Patents are related to inventions. Someone who holds a patent has the exclusive rights to make, use, or sell something--a product, a process, a design, or even a plant. These rights last for 20 years from date of filing. The first United States patent was granted in 1790. The Patent and Trademark Office (PTO) in the Department of Commerce grants patents and trademarks.
Trademarks
Trademarks are words, symbols, or slogans that identify items and goods. Trademarks can be renewed indefinitely; the first trademark protection was enacted in 1905. As with patents, trademarks are issued by the Patents and Trademark Office in the Department of Commerce.
This video provides a quick and easy breakdown of the three main types of intellectual property: trademarks, patents, and copyrights. You’ll learn how trademarks differ from domain names and business names. By the end of the video, you’ll understand how to use each type of intellectual property to protect a different aspect of your business.
Copyright Resources
- Copyright BasicsPDF.
- Copyright CircularsCirculars are published by the Copyright Office to provide up-to-date and authoritative information to a general audience. Circulars are arranged below by topic and cover the basics and fundamental concepts of copyright law, highlights of policies and procedures of the Copyright Office, and registration issues for specific categories of works. For full details regarding the Office’s policies and procedures, refer to the Compendium of U.S. Copyright Office Practices, third edition.”
- Copyright Law of the United States of America and Related Laws Contained in the Title 17 of the United States CodeThis publication contains the text of title 17 of the United States Code, including all amendments enacted by Congress through June 30, 2016. It includes the Copyright Act of 1976 and all subsequent amendments to copyright law; the Semiconductor Chip Protection Act of 1984, as amended; and the Vessel Hull Design Protection Act, as amended. The Copyright Office is responsible for registering intellectual property claims under all three.
- Fundametos de los Derechos de Autor (Copyright Basics)En Español. PDF.
- How to Investigate the Copyright Status of a WorkGuide from the Library of Congress (PDF).
- Selected Copyright Law Decisions of the U.S. Supreme CourtFrom the Legal Information Institute at Cornell University.
- U.S. Copyright OfficeThe Copyright Office examines and registers hundreds of thousands of copyright claims in books, journals, music, movies, sound recordings, software, photographs, and other works of original authorship each year.
- U.S. Copyright Office - Search Copyright RecordsSeveral databases are freely available from the Library of Congress site to search for copyright status. Be aware that the databases can be slow and difficult to use.
Patent Resources
- Directory of Patent Depository LibrariesFind the Patent and Trademark Resource Center (PTRC) nearest you.
- DOEpatentsU.S. Department of Energy Office of Scientific and Technical Information.
- Federal Register: Patent and Trademark OfficeThe United States Patent and Trademark Office (USPTO) was established by the act of July 19, 1952 (35 U.S.C. 1) "to promote the progress of science and the useful arts by securing for limited times to inventors the exclusive right to their respective discoveries for a certain period of time'' (Article I, Section 8 of the United States Constitution). The registration of trademarks is based on the commerce clause of the U.S. Constitution.
- Patent Official GazetteThe Official Gazette for Patents is published each Tuesday in electronic form only, and contains bibliographic (front page) text, a representative claim, and a drawing (if applicable) of each patent issued that week. Please note that the Official Gazette Notices are also included in each issue and provide important information and changes in rules concerning both patents and trademarks.
Trademark Resources
- Patent and Trademark Resource Center (PTRC) Locations by StateFind the office nearest you.
- Trademark Official GazetteThe Trademark Official Gazette (TMOG) is published each Tuesday and contains bibliographic information and a representative drawing for each mark published, along with a list of cancelled and renewed registrations. The TMOG does not contain USPTO Notices.
- Trademarks, the Fingerprints of Commerce: "An Educational Guide to Understanding the Importance of Trademarks"Click "Full View" to read document.