Let's talk about Copyright, Trademarks and Author's Rights

Before believing everything we read on Facebook, and sharing unverified posts that could be defamatory and damaging reputations, it is important that we know these legal terms and what they mean.

What are copyrights (copyright©)?

According to the United States Copyright Office (2008), “copyright is a type of protection provided by U.S. law (Title 17, U.S. Code) to creators of original works of authorship, such as literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available for both published and unpublished works.”

In short, copyright is a legal right for content creators. Copyright applies to billions of pieces of content on the web and in the real world, but how it works and when it applies remains a mystery to many.

Copyright laws vary from country to country, and of course, when and where they apply can always be challenged. There are many gray areas in copyright law, and it's nearly impossible to keep up with all the relevant case law unless you've made a career out of it.

Even so, there are several things you simply can't protect with a copyright. Words, phrases, names, and symbols used in your business, for example, cannot be protected. What you can do is apply for a trademark (if applicable).

When buying a domain, you should know that you can't copyright a website name (you can apply for a trademark), so it's advisable to purchase various .ca, .com, .org, and other domain extensions along with your own. Domains aren't subject to copyright, so there's nothing stopping someone else from taking yours with a different extension and using it as they wish.

What types of works are protected?

This federal law states that works that may be protected by copyright include the following categories:

• literary works, including computer programs,

• musical works, including any vocal accompaniment,

• dramatic works, including any musical accompaniment,

• choreographic works and pantomimes,

• pictorial, graphic and sculptural works,

• cinematographic films and other audiovisual works,

• sound recordings and

• architectural works.

What copyright does NOT apply to.

1. Original works of authorship that are not in a tangible form. An example of this is the classic character in fantasy stories of a mentor figure who enters the protagonist's life to guide them on an adventure. The concept is not copyrighted, but the specific character, such as Gandalf (Lord of the Rings) or Dumbledore (Harry Potter), is.
2. Information that is common knowledge and has no original author. Examples: calendars (not referring to art), telephone directories, weight/measurement tables, measuring rulers.
3. List of ingredients such as recipes or formulas (including recipes that are in a cookbook).
4. Blank forms (fill-up forms) such as address books, purchase orders, diaries, etc.
5. Individuals, pseudonyms, or stage names.
6. Product or service names.
7. Names of businesses, organizations, or groups.
8. Web domains.
9. Job titles.
10. Slogans, mottos, phrases, etc.
11. Ideas, concepts, processes, methods, business practices, etc.
12. Data and facts (the way in which the information is expressed may be copyrighted, but not the information itself)
13. Federal government jobs.
14. Laws, cases, constitutions, court decisions, regulations, statutes.
15. Commonly used accessories such as clothing, cars, household goods.

What is the Intellectual Property Registry?

The Registry is a mechanism created by Law No. 96 of July 15, 1988, amended under Law No. 55 of March 9, 2012, to protect the so-called moral rights of the Puerto Rican author or of the foreigner domiciled in Puerto Rico, with respect to their creation, namely, the preservation of its integrity, its disclosure and the retraction of the same within the situations contemplated by the Law (source: Department of State)

What can I register with the State Department?

1. Books, essays, printed articles, manuscripts, poems, and computer programs.
2. Paintings, crafts, drawings and photographs.
3. Graphic work in multiple copies.
4. Sculptures.
5. Films, short films, choreographies and pantomimes.
6. Architectural designs.
7. Musical compositions or arrangements.

Which works cannot be registered?

• Mere ideas, concepts, proposals or systems are not registrable unless they are incorporated into a tangible means of expression contemplated by law.
• Works created for the purpose of advertising or promoting goods or services cannot be registered either.

Finally, inventions of novel mechanisms or processes of a purely utilitarian or functional nature, as well as product, group, or company names, and mere titles, are not eligible for registration. (Source: State Department)

What is plagiarism and how can I avoid it?

Plagiarism is defined by the dictionary of the Royal Spanish Academy (2001) as the act of “copying in substance the works of others, giving them as one's own.”

For something to be considered plagiarism, the work or text must be almost identical, and the person must somehow claim authorship within the text. Using common phrases like "the sky is blue" is not considered plagiarism.

This practice, when applied to the online context, is called cyber plagiarism, due to the vast amount of freely accessible documents on the internet that can be copied. Various plagiarism detection mechanisms and checkers exist, primarily used to verify academic work.

To avoid plagiarism, you must express the idea in your own words, cite and include the reference to the original source.

Other forms of protection

A trademark™ allows you to apply for federal legal protection for your business name, domain name, brand, colors, logo, symbols, typography, phrases, logo and name combinations, fragrances, sounds, and shapes. To be considered a trademark, it must be distinctive and commercially available.

Inventions and machines that are original and unique inventions can be protected by a patent.

This summary gives you an idea of ​​what applies and what doesn't; and of the protections you could request.

If you have any questions, you can request a consultation with a lawyer who specializes in copyright or trademark law.

Finally, we must be VERY careful when using social media to speak out against any person or entity. You could be committing defamation, which is a crime punishable by both state and federal law.

Resources consulted:

US Copyright Office https://www.copyright.gov/

US Patent & Trademark Office https://www.uspto.gov/

Puerto Rico Department of State https://www.estado.pr.gov/es/

Patent and Trademark Attorneys in Puerto Rico

https://usa.elabogado.com/patentes-y-marcas:estado-puerto-rico/