Copyright

Copyright is a form of intellectual property protection provided by the laws of the United States.
Copyright protection is available for original works of authorship that are fixed in a tangible
form, whether published or unpublished. The categories of works that can be protected by
copyright laws include paintings, literary works, live performances, photographs, movies, and
software.

Literary Works

Literary works comprise all works other than audiovisual works expressed in words, numbers
and other numerical or verbal symbols. Written materials, such as books, manuscripts, cards,
phonorecords, film, disks and tapes, are some of the pieces of work protected under the copyright
laws. On a narrow perspective, short stories, letters, computer programs, novels, movie scripts,
email messages, cooking recipes and mathematical proofs that qualify as an original work of
authorship are also protected.
Musical Works and Lyrics

Copyright laws also cover all musical genres. Musical works include the music itself, the words
that go with it and other pre-existing components, such as an old poem or tune. Unlike other
categories, the application of copyright for musical works may be influenced by the nature of the
music itself. For instance, while the musician who writes a song is the author of a musical work,
the producer who creates a sound recording is the author of a sound recording. In this case, if
authors record music and put it on compact discs, the CD is called a phonorecord of both the
lyrics and the sound recording. Under the copyright laws, if you copy the recorded music, you
potentially infringe on two copyrights: the artist’s copyright in the musical work and the
producer’s copyright in the sound recording.
Dramatic Works

The copyright statutes also protect dramatic works, whether published or unpublished. Examples
of dramatic works include choreography, pantomimes, plays and scripts prepared for radio,
television and cinema. Even though originality determines whether certain dramatic works
qualify for legal protection, dramatic works usually include other elements, such as plot, spoken
text and directions for actions. These elements may also determine whether the works can be
protected under copyright law.

Audio-visual Works

The audio-visual works and motion pictures category consists of a series of images that you
primarily intend to use alongside music or other audio effects. You can also classify movies and
films under the motion pictures category, despite its reach being much broader than audio-visual
works. Having a clear understanding of the copyright statutes and awareness of all types of
copyrighted works are the first step toward combating infringement. Interestingly, while
offenders vehemently use technology to steal content, the same tools can also be a key player in
the policing these incidences to ensure maximum protection of copyrighted works.
Other

Other works that benefit from copyright protection include two-dimensional and three-
dimensional works of graphic, fine and applied art, prints and photographs. You can also
copyright charts, globes, maps, models and architectural drawing and other technical plans.
Similar to all the other categories, these examples must meet all the requirements of originality to
qualify for legal protection.

Reference: https://smallbusiness.chron.com/examples-copyrights-60208.html
Patents

Patents are a right granted to an inventor that allows them to exclude all others from making,
using, or selling their invention for 20 years.

In the U.S. the U.S. Patent and Trademark Office reviews and approves patent applications,
which provide protection against others stealing their idea. Once approved, the patent holder is
then the sole person or company who is permitted to make, use, or sell the product, process, or
solution to a technological problem that they have developed and registered. All others are
prohibited, unless they are given permission.

Design patents – anyone who creates a new design for a product can apply for a design patent.
Examples include beverage bottles (think of the shape of the Coca-Cola container) or furniture
(such as the kneeling chair).
Plant patents – botanists involved in grafting and creating new hybrid plant forms can apply for
a plant patent. Examples include the Smooth Angel rose or drought-tolerant corn.

Utility patents – anyone who invents or discovers “any new and useful process, machine, article
of manufacture, or composition of matter, or any new and useful improvement thereof” can
apply for a utility patent. Examples include the little green drink stopper Starbucks gives out with
its cups or the hover board type of skateboard.
Provisional patent - goes hand in glove with a utility patent. United States law allows inventors
to file a less formal document that proves the inventor was in possession of the invention and
had adequately figured out how to make the invention work. Once that is on file, the invention is
patent pending. If, however, the inventor fails to file a formal utility patent within a year from
filing the provisional patent, he or she will lose this filing date. Any public disclosures made
relying on that provisional patent application will now count as public disclosures to the United
States Patent and Trademark Office (USPTO).

Regular utility patent-This is the actual patent that remains in effect for 20 Years. When you
receive a regular utility patent your invention moves from being patent pending to being
patented. When the patent expires, you can pay maintenance fees to reinstate it.
Reference: https://www.upcounsel.com/types-of-patents

Reference: https://www.legalzoom.com/articles/what-are-the-different-types-of-patents
Trademark

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. Some
examples include: brand names, slogans, and logos. The term "trademark" is often used in a
general sense to refer to both trademarks and service marks.

Name – Coco Chanel is a perfect example of a name that is a trademark. The famous designer
Coco Chanel built her successful fashion empire by using her name. People knew that if they
were to purchase a Coco Chanel product they were going to receive quality craftsmanship.
Through her reputation of having excellent taste, her name became recognizable around the
world. Her name is considered a trademark because it is also the brand name of her company
and is used to distinguish herself from other designers and generic clothing manufacturers.
Symbol – The McDonalds golden arch is a classic example of a symbol trademark. Golden
arches align interstate highways to alert customers when there is a McDonalds located at next
exit. There is no mention of the name McDonalds on these golden arches. McDonalds does not
need to. The general public, by in large, as well as their customers know that a golden arch
represents McDonalds. Their golden arch symbol clearly differentiates them from other fast
food restaurants.

Catchphrases – a catchphrase that is identifiable to a person or company that is used to sell

merchandise can be trademarked. Donald Trump’s “You’re Fired” is a perfect example of a
trademark catchphrase. Donald Trump uses his catchphrase on his reality television show “The
Apprentice”.

Figure or Mascot – a classic example of a trademark character is Geico’s talking gecko.

Geico’s talking gecko was featured in many commercials advertising Geico’s insurance. The
gecko became a mascot to the company. This talking lizard is now recognized by thousands of
American households nationwide.
Lyrics – A songwriter’s lyrics are trademarks. Bob Seger and the Silver Bullet Band made a hit
single song “Like a Rock” in 1986. In 1991, this song helped Chevrolet bounce back from a near
bankruptcy situation. The “Like a Rock” commercials were so successful that these commercials
were used for over ten years. Chevrolet paid Seger royalties for licensing his trademark, “Like a
Rock”.

Reference: https://www.legalteamusa.net/five-classic-examples-of-trademark/

Reference: https://www.uspto.gov/trademarks-getting-started/trademark-basics/trademark-
patent-or-copyright