
19-02-2009, 12:07 AM
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Moderator
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Join Date: Apr 2005
Location: NEWCASTLE NSW Australia
Posts: 33,429
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Quote:
Originally Posted by Rodstar
In summary, copyright applies to creative works such as songs and stories, trademark applies to names, titles and logos. A patent applies to a mechanical design, pharmaceutical product, etc.
Copyright vests in the author without the author taking any specific action to claim it (it's not even necessary to write the word "Copyright" on the work, although this is a good reminder to others reading the work lest they be tempted).
By contrast, patents and trademarks are not automatic. They must be registered, after surviving a rigorous process to ensure there does not already exist a patent or trademark for that thing.
Regrettably as Trevor did not obtain a trademark for the term "Mylotian" he has no ownership over that word, and has no power to prevent others from using it. He continues to have rights over the use of the story, though, so that if the term "Mylotian" was being used by another party in the context of a story which bore an unmistakable resemblance to Trevor's story, some action may be available.
Now, who do I send my invoice to?
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 the Mylotians
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