Basic Reading Comprehension for Internet "Lawyers"
I know I'm about a month late with all this stuff, but with the latest round of the discussion of how fanfiction infringes copyright and all that crap, there are a lot of people being Wrong On The Internet, including lawyers (and I know they're lawyers because they use Bluebook signals and citations) and I'd like to correct one thing:
A copyright is not a trademark.
That is all.
Carry on now.
(Oh, would you like more? Here's the basic difference: you can't really lose a copyright by inaction, although it might lessen your damages if you sue someone for violating your copyright. You can lose a trademark by not vigorously defending it, which is one reason why Apple and Disney are litigious bastards. And there is some overlap--the Harry Potter books [and movies] themselves are copyrighted, while the lightning-bolt 'Harry Potter' logo is trademarked. Mickey Mouse is trademarked, but "Steamboat Willie," the cartoon, is copyrighted. Et cetera, so forth. But they're not the same thing.)
So basically what I'm trying to say is that using the word 'copyright' but describing trademark law doesn't magically transform copyright law into trademark law.
DISCLAIMER: I am not a lawyer. This is not legal advice. I cannot, do not, and will not provide legal advice (at least, not for another couple years, and only then if you pay me). I also haven't taken Copyright class yet. I just have a basic ability to read.
A copyright is not a trademark.
That is all.
Carry on now.
(Oh, would you like more? Here's the basic difference: you can't really lose a copyright by inaction, although it might lessen your damages if you sue someone for violating your copyright. You can lose a trademark by not vigorously defending it, which is one reason why Apple and Disney are litigious bastards. And there is some overlap--the Harry Potter books [and movies] themselves are copyrighted, while the lightning-bolt 'Harry Potter' logo is trademarked. Mickey Mouse is trademarked, but "Steamboat Willie," the cartoon, is copyrighted. Et cetera, so forth. But they're not the same thing.)
So basically what I'm trying to say is that using the word 'copyright' but describing trademark law doesn't magically transform copyright law into trademark law.
DISCLAIMER: I am not a lawyer. This is not legal advice. I cannot, do not, and will not provide legal advice (at least, not for another couple years, and only then if you pay me). I also haven't taken Copyright class yet. I just have a basic ability to read.