Copyright and patents are two distinct forms of intellectual property protection, each safeguarding different types of creations.
Copyright
Copyright protects original works of authorship, such as:
- Literary works: Books, articles, poems, scripts
- Musical works: Songs, compositions, lyrics
- Dramatic works: Plays, musicals, dance performances
- Pictorial, graphic, and sculptural works: Paintings, photographs, sculptures, drawings
- Motion pictures and other audiovisual works: Films, videos, documentaries
- Sound recordings: Music recordings, audio books
- Computer programs: Software, apps, websites
Key Features of Copyright:
- Automatic Protection: Copyright protection arises automatically upon creation of an original work, without formal registration.
- Limited Scope: Copyright protects the expression of an idea, not the idea itself. Someone can create a similar work based on the same idea, but cannot copy the specific expression.
- Duration: Copyright protection lasts for the life of the author plus 70 years. For corporate works, it lasts for 95 years from publication or 120 years from creation, whichever is shorter.
Patents
Patents protect new inventions, such as:
- Processes: Methods of manufacturing or producing something
- Machines: Devices with moving parts
- Manufactures: Articles that are made
- Compositions of Matter: New chemical compounds or mixtures
- Improvements: Enhancements to existing inventions
Key Features of Patents:
- Formal Application: Patents require a formal application process with the relevant patent office.
- Exclusive Rights: Patents grant the inventor exclusive rights to make, use, and sell their invention for a limited period.
- Duration: Patent protection typically lasts for 20 years from the date of application.
Key Differences:
| Feature | Copyright | Patent |
|---|---|---|
| Protection Type | Original works of authorship | Inventions |
| Protection Scope | Expression of an idea | Invention itself |
| Automatic Protection | Yes | No, requires formal application |
| Duration | Life of author + 70 years (or 95/120 years for corporate works) | 20 years from application date |
Examples:
- Copyright: A musician writing a new song would be protected by copyright, while a software developer creating a new app would also be protected by copyright.
- Patent: An inventor developing a new type of battery would seek patent protection, while a pharmaceutical company creating a new drug would also seek patent protection.
Conclusion:
Choosing the right intellectual property protection depends on the nature of the creation. Copyright protects the expression of ideas, while patents protect inventions. Understanding the differences between these two forms of protection is essential for creators seeking to safeguard their work.
