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Copyright and Trademarks

ArticleID 77  
Writer Grace Odinga
Category Personal Article


The exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same. Copyrights are directed to forms of expression.

A copyright is obtained the moment the expression is created so that it may be perceived either directly or through the aid of a machine or device.

Works covered by the copyright include; - Books

- Music

- Dances

- Plays

- Movies

- Paintings

- Sculptures

- Photographs

- Broadcasts

- Sound Recordings

- Computer Software

Any form of art or creativity is covered under the copyright laws of many countries. This makes it illegal to copy or distribute part of it without written consent from the originator of the work. However, unscrupulous people still find ways to bypass stringent copyright laws and sell other peoples works as their own. This is called piracy and is a punishable offence by law.


A Trade Mark is a sign which serves to distinguish the goods of an industrial, commercial enterprise or a group of such enterprises.

The sign may consist of one or more distinctive works, letters, numbers, drawings or pictures, signatures, colors or combination of colors etc.

A Trade Mark can be a word, a symbol, a design, or a combination of these, used to distinguish the goods or services of one person or organization from those of others in the market place.

Upon registration, a trademark is valid for a defined timeline and cannot be used by any other enterprise. Trademarks are like names and they help distinguish businesses from one another. It is important for any enterprise to have an easily discernible trademark to make it easy for customers to identify.

Purposes of a Trademark

• They protect the goodwill and reputation of the respective business entities.

• They also prevent confusion, helping consumers identify the trademarked products or services.

Copyrights and Trademarks, Entrepreneurship, Entrepreneur
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