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| LEGISLATIVE & LEGAL : COPYRIGHTS, PATENTS & TRADEMARKS |
Copyrights, patents and trademarks are intellectual property rights that are protected under federal law and it is important to understand their meaning and value.
COPYRIGHT
This is an intangible right granted by statute to the authors of certain artistic works and other publications whereby the sole and exclusive right to make copies and sell them or publish them rests with the originator or author for a given number of years.
Generally, a copyright is created at the time the copyrightable work is created, although it can be registered with the federal government when completed and thereby afforded further protection.
Some elements of a sign are subject to copyright protection, and one must be careful to observe the copyrights held by others when designing a sign. Pictorial graphics, pictures and company logos are all subject to copyright protections, and unauthorized use or reproduction of these items may subject the offender to statutory penalties of $100,000.00 per item of misappropriated artwork.
DO NOT USE ARTWORK CREATED BY OTHERS ON YOUR SIGN WITHOUT PERMISSION OR YOU MAY BE SUED!
PATENT
This is the grant of the right to exclude others from making, using, or selling one's invention, and this includes the right to license others to make, use, or sell it. Patents are registered with the United States Patent Office and have similar protections under federal law as copyrights.
As they pertain to signs, patent issues may arise concerning the design of a sign's frame, materials, components, or other structural designs. Again, be respectful of the patents of others to avoid being sued.
TRADEMARK
any word, name, symbol, or device or combination thereof used by a person or business to identify and distinguish that entity's products or services, including a unique product, from those manufactured or sold by others. These are also capable of registration and have similar protection as copyrights under federal law.
Trademarks can be used effectively. An example of a common and well-protected trademark would be McDonald's "Golden Arches." As a small business owner, one of your primary goals in signage should be to create a "brand" recognition of your business in the community, similar in nature but different in scope, to the McDonald's example. One of the best, and most cost-effective, methods of doing this is to create and use an attractive company logo or pictorial graphic, as McDonald's uses its "Golden Arches." (to be used on all of your signs, stationary, uniforms, company property, etc.). Repeated viewing of your company's logo on your sign by the passing drivers will help "brand" your business site and help create "top-of-the-mind" awareness with potential customers.
Once again, if you want to develop a trademark, be completely original and avoid infringing upon the trademark rights of other businesses. |
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