Trademark vs Copyright: Which One Do You Need?

Trademarks protect the brand identity of businesses, ensuring that consumers can easily recognise and distinguish the goods or services of one entity from those of its competitors. This protection enables businesses to build trust and loyalty among customers, safeguard their market presence, and prevent confusion or deception in the marketplace. These include:

• • Business and product names: Prevent others from using confusingly similar names

• • Logos and symbols: Safeguard your visual brand identity

• • Slogans and taglines: Ensure exclusive use of catchy phrases associated with your brand

• • Distinctive sounds: This could include a unique jingle or sound associated with your product or service (rare, but possible).

What is Copyright?

Copyright is an intellectual property right awarded to any creator of an original work. It grants the creator the exclusive rights to use and distribute their creations, typically for a limited period. This legal protection covers a wide range of creative expressions, including literary, musical, dramatic, and artistic works, as well as software, films, and sound recordings.

Copyright allows creators to earn compensation for their creative investments. You don’t have to register your copyright to enforce it under Australia’s Copyright Act 1968 or its related regulations. All you would need to do is prove ownership by making sure it's documented on paper or electronically.

What Does Copyright Protect?

In Australia, copyright protection consists of two main categories: works and subject matter other than works. The works' category includes creative pieces like books, plays, music, and art. The person who created these works, often called the author, is usually the copyright owner.

The second category, subject matter other than works, includes items like sound recordings, films, and broadcasts. Copyright in these cases typically belongs to the business that produced them, such as the film studio or the record label, rather than the individual artist or director.

The main idea here is that the creator or producer has the right to control how their work is used, whether it's a song, a film, or a painting. They can allow others to use, share, or even change their work under certain conditions. If someone uses their work without permission, the copyright owner can take legal action against them for copyright infringement.

How Long Does Copyright Last?

Under the Copyright Act, anything creative made after January 2005, such as books or songs, is protected by copyright for the creator's lifetime plus 70 years after they die. However, there are exceptions to this rule:

• • Music albums and movies have copyright protection for 70 years after they were first released to the public.

• • TV shows and radio programs have protection for 50 years after their first broadcast.

• • Printed materials, like books or magazines, have a copyright term of 70 years from their first publication date.

What are your Rights as the Owner of Copyright?

If you create something unique, like a story or a drawing, you get special rights to:

• • Share it with others

• • Make copies

• • Change it or use it in new ways

• • Give it to people or sell it.

Since January 2005, if you make something creative, these special rights protect your work for your whole life plus 70 years after you die.

These rights help to ensure no one else can just copy or use your work without your permission. If someone does use your work without permission, you might be able to take them to court. But, if you want to use someone else’s creative work, you need to ask them first.

Usually, if you create something as part of your job, the company you work for owns the copyright, not you. This is also true if someone pays you to create something for them, like taking photos for a personal project.

Trademark vs Copyright: When Do Businesses Need Both?