Copyright and trademark are often mixed up because both are called "intellectual property" and both appear around creative businesses. They protect different things, arise in different ways and are enforced differently. Choosing the wrong one wastes time.
What copyright protects
Copyright protects original works of authorship: films, television programmes, music and recordings, books and articles, photographs, software and many other creative works. It protects the particular expression, such as the footage, the text or the code, and not the underlying idea or facts.
What trademark protects
A trademark protects a sign that tells customers who a product or service comes from: a name, logo or similar identifier. Its job is to prevent confusion about origin. It is tied to the goods or services it is used for, and the protection can depend on registration and on continuing use in a given country.
How each right arises
- Copyright generally arises automatically when an original work is created and fixed in some form. In many countries, including the UK, no registration is needed to own it. (Registration can still matter, for example for bringing certain claims in the US; see our guide to registration.)
- Trademark protection usually comes from registering the mark with a trade mark office for particular categories of goods or services, although some countries also recognise rights built through use.
How long they last
Copyright lasts for a fixed term, which in many countries is the life of the author plus 70 years for individual authors, with different rules for other categories of work. A registered trademark can be renewed indefinitely while it stays in use and is maintained, but it can be lost if it is not used or defended.
Why the difference matters
- A name, a slogan or a short title is usually not protected by copyright; if it needs protection, that is a trademark question.
- A film, a track or a book is protected by copyright, whether or not anyone has registered a trademark for the name.
- A pirated copy of a programme is a copyright problem. A fake product carrying your brand is a trademark problem. Different notices, different complaint forms, sometimes different companies.
- Platform tools differ too: most services have one form for copyright complaints and another for trademark complaints.
Where Copyright Ltd fits
Copyright Ltd works on copyright only: monitoring for unauthorised copies of creative work, takedown notices, search delisting and the evidence behind them. We do not handle trademark, brand-protection or counterfeit matters. For those, you need a trade mark attorney or a specialist in that area.