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Copyright Basics

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Trademarks

1:41 with Wilt Chaimberlain

Trademark law is quite different from copyright law, and it protects different creative works. Time to learn the difference before we move forward.

The United States Patent and Trademark Office has all the info you need on trademarks, including a searchable database.

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    Now I mentioned titles and slogans before. 0:00
    You can't copyright the name of a movie or a book, or even a company name. 0:03
    Anyone in the world, under copyright law, 0:07
    can write a book and call it Harry Potter and the Sorcerer's Stone. 0:09
    It's totally legal under copyright law, 0:13
    because you can't copyright titles. 0:15
    Except there's also something called a trademark. 0:17
    The name Harry Potter is trademarked. 0:21
    It's a brand name that represents what they're selling. 0:23
    In this case, they're selling Harry Potter stuff. 0:26
    Individuals and corporations can trademark or servicemark company names, 0:29
    logos, character names, and slogans— 0:34
    so as to identify them as belonging to that person or company, 0:36
    representing that company. 0:40
    If it's something that identifies your brand, your product, or your service, 0:42
    then it can be trademarked. 0:46
    The name Harry Potter has been trademarked. 0:48
    So you can't call your book Harry Potter and the Sorcerer's Stone, I'm sorry. 0:50
    Company names are usually trademarked 0:54
    and if you're running a web design company, for example, 0:57
    you might consider trademarking your name. 0:59
    Treehouse is a registered trademark. 1:01
    That doesn't mean we own the word itself, 1:04
    nor can we actually prevent anyone from building a treehouse. 1:06
    Why would we do that? 1:09
    But if you started an online technology education company, 1:10
    and called it Treehouse, we might object. 1:13
    We're not going to get too much deeper into trademarks, 1:16
    but it is important to understand the difference. 1:19
    As a web designer or a business owner, 1:21
    some of the things that you create may not be copyrightable. 1:24
    But the often can be trademarked, 1:27
    especially if they're used to represent your business, 1:30
    like your company name or your logo. 1:32
    So check the teachers notes for more details. 1:34
    And talk to a lawyer if you need help with your specific trademark situation. 1:36

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